Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-06-20
'sUPERINTENDENTS
.OF COUNTY SCHOOLS
MAY GET PAY
Provisions Of Constitution Az
fecting County Offices Not
Applicable Says Opinion Of
Attorney General.


County school nuperinsendents IN
the various New Mexico counties may
contlnUe 70 draw the same pay they
received under the territorial regime,
despite the veto ~ the county salaries
bin BY tbs governor. Such - the
declaration OF Attorney General
Frank W. Clancy In an opinion adj
dressed to State school superintend-
emit Avian N White.
MIR. Clancy. IN brief. holds that the
constitutional provisions affoctlng
other county salaries, as passed upon
BY the state supreme court. do not
apply 70 the office Of county supeFin+
tendent Of schools.
The opinion In full ls as follows:
Santa Re. ~ a.. june as. 1912.
Hon. Avian n. White. state superin-
tonaent Of Public Instruction, SAN
to Fe. n. M.
Dear sir: I have before me your
letter Of the 18th instant and take
the first possible opportunity 10 am
awcr. You say that IN February,
1912, IN accordance with section ~,
chapter %. Laws os 1907. you fixed
the salaries OF county school superin-
tendents for the year 1ei2. subject
% s1ch action az might be taken by
the first state legislature under Soc
tion 4, article X. of tho constitution
~ % the classification 81 counties
and the fixing Of salaries Of county
officers, You further say that In
Wow OF the fact that the county sal
airy bin has been vetoed. counoy su-
perintendents have requested you for
an opinion with reference 90 their
and fhnf trWamnn t4ta nantNIHU
recently rendered by the supreme
court makes Il illegal for tho super
inteneents 90 draw their salaries az
fixed by you, Il would seem that the
3 salaries SO fixed might be quarterly
drawn BY county auperintendents; and
you request my opinion upon the
quession.
The section OF the constitution upoE
which WIS based the recent declsioE
Of our supreme court provides sha
no county officer should receive an.
fees OF emolumentg other than tn
annVai salary provided by law. am
that all fees earned BY any county OF
u ficer should be pale into the tfoasur.
:. OF the county County Euperintend
y ents do not earn any fees ard hav
II no opportunity TO receive any emoir
ments other than the annual haiar
e provided BY Law, Therefore. thi
clause canont affect them.
II Il could be held that tho offlc
Of county superintendent ID a new OF
~ flee. created by the cophtltntlon. "a
l. which tho legislature has provided n
Il salary. the conclusion would be inc,
D. liable that such an officer must serv
e, without salary until tho ieslslatns
4 fixea one; but there = no ground Il
n that position. I believe that count
Bupcrlntendents are mentioned onl
twice In the constitution and that sue
"A mention merely recognizes their exlh
once. Section OF article VII q,
clares that women aro qualified
hold the office Of county school W
pcrlntendent and section 9 OF artic
-. XII provides that the state board (
education shall include a county 81
perinsendent OF schools. Under thei
circumstances I believe that the pr,
existing laws as 10 salaries OF count
~ superintendent continue In force
virtue Of section I article XXI I
at the constitution, whseh continues a
territorial laws. not Inconsistent wit
she constitution. IN force until b
tered or repealed. Therefore, / ~
en- no reason 20 doubt that the superb
IN tendents can continue 20 receive ga
aries under the territorial laws tht
continued IN force. find R0thin
IN the san Miguel county eases
conflict with this view.
Yours truly.
r. W. CLANCY.
Attorney General.