Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-07-04

| obJectlon to this provision. The
county surveyor is paid By the day fol
each days labor, and it would be 81
difficult, if not impossible, to provide
any uniform annual salary for county
surveyors, that it is reasonable to hole
| that the constitution could not have in
| tended to put those county officers OF
a fiat salaried basis. No competent
surveyor could be found to act under
| such a system unless the annual sal
airy was made sufficiently large tc
compensate for all Of his time, and in
the poorer counties and in counties
where there is not great demand for
the services of the surveyor, such a
salary could not be given.
AS to the other county officers whose
compensation has been derived from
fees or commissions, We are compelled
to take the position that they can re-
ceive nothing to their own use for
their services until the legislature
acts. 1t does not follow, however, that
the county government must practic
ally stop for this reason. These off,
| GERS will at some time when the legs
l2ture provides, receive salaries for
their services, but such salaries can
not be considered as including neces,
sary actual expenses incurred in the
conduct of their Offices. For instance
it is the duty Of the sheriff to take
charge of the county Jail, to provide
for the keeping and feeding of prison.
ers committed to his custody. and il
performing this duty he must necessar.
lily pay out money for food, fuel bed.
ding and possibly clothing. The coun
ty must provide jailers and guards for
the Jail. 1t is not practical for the
sheriff to perform all of his official
duties in person and he must neces
sarily employ deputies to act for him.
ard they must be paid for their serv
Ices. | am clearly of opinion that al
such expenses can properly be paid b.
the county commissioners from the
county treasury, including nothing
however, in the way of compensation
tc the sheriff himself The county
clerk must necessarily at times, and
IN some counties at all times, employ
assistants adequately and properly tt
attend to the work of his office, anC
| Il cannot be reasonably contendeG
/ that he from his private funds should
| advance money for such expenses. II
| is certainly quite enough of a burden
that he should be compelled to wait
on the Legislature for his own nay
without expecting him to pay out large
amounts of money to keep the county
government running. The same reas
oning applies to the Offices of treasur
er and assessor in these countie:
where it is impracticable for one mar
t, perform all the work of the office
| While the district attorneys are il
different class, yet it would seen
| that actual and necessary travelins
and office expenses incurred and paiC
/ by them in the discharge of theil
duties can be properly repaid. eithe}
from the general fund of the count,
| benefited or from the court fund, i
the expenses are incurred in the main
tenance of the district courts and thu
conduct of business therein.
| 1t now occurs to me in closing thar
| should say as to county commission
ers that ! do not believe they car
at present properly receive the mile
! age provided by statute for attendinE
board meetings, but in harmony witt
the suggestions made as to other off
GERS, they might properly receive pay
lnent of their actual and necessary
travelling expenses.
! While | have, as hereinbefore stat
ed, no control over the official actor
CT district attorneys, yet venture tc
hope that what I have herein Sc
| forth, which you will consider in tn,
nature of suggestions and recommen
cations, will meet with your approval
and if they do that they may be mad,
to serve as basis of some uniformi
!ty of procedure in the various coun
ties at the present time.
! Some suggestions have been mad,
by different persons as to the posi-
bility of permitting those officers here
tofore paid by fees, to retain in thei
own hands some portion, if not all o
such fees, with the expectation of hav
ing settlement or adjustment afte
the legislature shall act, each on,
/ holding himself responsible for tn,
amount of money received. I canno
believe that this would be desirable
or proper. It would lead to great con
fusion, discrepancies and difficulties
and as one of the district attorney
has stated to me, in substance, i
would not be in accordance with goot
public policy or in keeping with hon
est and efficient service to the count,
or state, and would create a sort O
lcarelessness on the part of official,
as to the illegal and irregular use o
public money, and such a feeling mus
inevitably tend towards a disregard
cf the exact limitations of law.
Very respectfully,
i FRANK w. CLANCY,
Attorney General