Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-07-04
OFFICIALS MAY
HAVE EXPENSES
County Commissioners and
Probate Judges MayDraw
Their Salaries
IMPORTANT OPINION IS GIVEN
Tidings of Great Joy from the
Office of Attorney General
f. w. Clancy

Attorney General Frank W. Clancy
today handed down the following I'M
portant opinion regarding county sal
aries:
| have received a number of re-
guests from county officers and others
for opinions and advice as to what, ii
anything, can be done for the relief
OF county officers in view of the failure
to provide by legislation for their
salaries in accordance with the require
ments of section | Of article X of the
constitution as construed by the su.
preme court of the state. AS the dis
tlict attorneys are the legal advisers
OF county officers and in no way under
the control of the attorney general, !
have felt compelled to decline to give
opinions to the county officers, but it
has appeared to me that there would
be no improperly in my giving some
expression of my views to the district
attorneys themselves in the hope OF
bringing about some uniformity of pro
cedure throughout the state, if those
officers should agree with me, and ad.
wise their county officers accordingly
The section of the constitution
above referred to provides in sub
stance that the legislature should at
its fist session fix salaries for all
county officers, and forbids any county
officer receiving to his own use any
fees or emoluments other than the
annual salary, requiring all fees col
lected to be paid into the county treas
ury. The two houses of the legislature
passed a bill providing for such sala'
ries, but so late in the session that il
did not reach the governor in time foI
him to give it sufficient examinatiC.,
to enable him either to sign or return
il with objections In the exercise OF
his part of the legislative power com
mitted to him by the constitution, he
felt compelled to disapprove the bill
Sc that no statutory provision has
been made in accordance with the di
rection of the constitution.
| took the view before the legisla
ture met that until legislation could
be had under the constitution, the ter
ritorial laws providing compensation
for county officers and district attor
reys, should be considered as remain
ing in force, and that all such officers
could properly be paid in accordance
Herewith. Two cases were instituted
IN ~,
county for the purpose of testing the
correctness of my opinion, and the Sill
preme court took the view that while
the constitutional provision that the
legislature should fix salaries was not
self executing, yet the other clause for
bidding county officers to receive tC
their own use any fees or emoluments
other than the annual salary provided
by law, or rather which ought to be
provided by law, was self executing
and such officers could receive no com
pensation for their services until i
should be fixed by the legislature. This
decision, however, as far as county of
ficers are concerned. is applicable on
ed by fees or commissions in the past
such as the treasurer, assessor. county
clerk and sheriff. One of the two
cases from San Miguel county was as
to the fees of the county clerk, ant
the other as to fees of the district at
torney. AS to the latter the cour
held that the office of district attorney
was one created by the constitution
for which no compensation had beer
provided, and that district attorney:
could receive no pay until the legisla
ture should fix that compensation. The
court does not class them as count,
officers, however and the section O
the constitution, hereinbefore mention
ed does not apply to them, but unde
other constitutional provisions the!
must have salaries and no fees.
To those county officers who hav,
rot in the past received compensation
in any other form than salaries fo
services rendered, the negative claus
of the section of the constitution
/. above referred to, which the court ha,
held to be self executing, does no
seem to have any application As ia
as they are concerned they stand a
though there Were nothing more il
tie constitution on this subject thai
the order to the legislature to classif,
the counties and fix the salaries o
county officers, which it is conceded
is not self-eXecuting. BY section 4 o
article XXI of the constitution. al
laws of the territory, not inconsisten
with the constitution. are to remain
i'll force as the laws of the state Th
laws of the territory fixing the com
pensation of salaried county officers
are not inconsistent with the constitu
ton, and therefore should be consid
cred a. remaining in force. This is az
plicable to county commissioners, Pre-
bate judges and county school supeTil
tendents who receive annual salaries
and | can see no objection to thei
continuing to receive the salaries here
tofotre provided. The compensatio
Z OF che county surveyor ] believe ca
stllA continue as heretofore provide
by law, although it is not an annua
SALARY. The legislature in the bi
Which was not approved by the go,
erlpor appears to have taken thi
view, as the bill made provision fo
the payment of county surveyors fo
the ir services substantially like th
on e on the statute book, and as far a
~ am informed the governor made n