Las Vegas optic., 1912-01-27
TERRITORIAL PAY
FOR COUNTY
OFFICERS
ATTORNEY GENERAL FRANK w.
CLANCY HANDS DOWN INTER-
EsTlNG OPINION.

Santa Fe, N NJ, Jan. 27.-The fol-
lowing opinion, of Importance to every
one of the 260 county officials of New
Mexico, has been handed down by At
torney General Frank w. Clancy:
January 25, 1912.
Hon. John Joerns. Travelling Auditor,
Santa Fe, New Mexico.
Dear Sir.-In response to your in
quiry as to the compensation of coun-
ty officers after the admission Of New
Mexico to statehood by the procIama-
ton of the president ON January 6,
1912, am of opinion, after careful
examination of the provisions Of the
constitution, tnat those officers will
be entitled to receive the compensa-
ton provided by the territorial stat
utes until the legislature of the state
shall make some different provision.
The question is not entirely free from
difficulty, but I am unable to reach
any different conclusion.
Section of Article x of the Con-
stitution, provides that the legisla-
ture at its first session shall classify
the counties and fix salaries for coun-
ty officers, which shall apply to those
elected at the first state election; and
that no county officer shall receive
any fees or emoluments other than
the annual salary provided by law.
and all fees earned by any officer
shall be collected and paid into the
treasury of the county. Were it not
for the last clause Of this section,
there could be no room for the slight
est doubt as to the correctness of my
opinion.
There can be no ground to contend
that any part of this section of the
constitution is self-executing, unless
it is that last clause, that all fees
earned by any officer shall be paid
into the county treasury. Such a con-
struction of that clause, however,
would lead to such absurd results and
such public Inconvenience, that it is
inconceivable that the makers of the
constitution could have so intended
The requirement that the legisla-
ture shall classify counties and tx
salaries, imposes duty on the legis-
lature, but there is no way of com-
pelIing discharge Of that dut, #
the legislature should be so unfa hrul
to the trust given it, as to neglect the
performance Of the duty. there v'e-
be no remedy except by an appeal to
the people at the next legislative
election. In the absence Of any ac-
tion by the legislature, the existin
statutes with regard to the compensa-
tion of county officers, must be con
sidered, under Section of Article
XXI, as remaining in force until the
legislature shall act. Whether the
legislature when it does act. NAV
make the law as to salaries SO far
retroactive as to apply t. the com
oensation of all of the new county Of
icers from the time of their uualifi-
'ation, need not now be considered.
t the legislature should SO provide.
would undoubtedly require an ac-
counting fro mall officers who NAV
ave received any fees, OF tka money
objected, but it is much more prob.
bile that the legislation will be en-.
lrely prospective, and the salaries
xed will begin when the law goes in
effect. Under Section 23 of Article
V, laws are to go into effect ninety
ays after the adjournment of the
legislature enacting them, with Ger
lin exceptions which do not seem to
lclude such matters as the classifl-
alton of counties and the fixing of
alaries of county officers. Still. it
light reasonably be held that the
ording of Section of Article K. al.
'ady referred to, creates another ex-
option to the general rule as to
hen laws shall go into effect.
~So UAAA 0CC tudJ large part OF
hat have said is of an uncertain
ID speculative prophetic, nature.
d is not, perhaps, material to the
estion under discussion, but it does
row some7 light upon the probable
tention of the makers of the consti.
ton. 1t will be seen that It will
at least several months before the
sislature will act, with a possible
,se of several more months before
legislation will become effective.
ring all Of which time the county
Icers would have no compensation
Iatever, unless they receive that
ich is provided by the existing ter
orial laws. 1t is inconceivable
1t any such condition as this could
We been intended by the constitu-
n.