Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-01-27

ifilN iaitnn OF lNe INV on Aie auhle't
of salaries Of county officials. Frank
w. clancy attorney general. yester-
day made public an opinion In which
be declared I'm effect that until other
Wise provided by legislative act, couu.
ty officers should draw the same fees
us under territorial regime. This, u
IS said by prominent attorneys. Is IN
diIrci conflict with the provisions OF
the constitution witch makes IL IN
cunbcnt upon the legislature 10 take
ccii0n on ihe matter.
The question would not have arisen
at all had VI not been for the fact that
the Legislature was not called into SEES
sion until March ! 4. thereby leaving
all departments 81 the state govern
moni 10 run a. best they might. With
om appropriations or legislation 50
badly needed. II Is contonded by the
attorney general that the old system
shall remain In vogue until the legts-
lature acts In the event that the
legislature dld not act until the close
Of the session. the county officials
would draw exorbitant pay FOR nearly
a year
Mr Clancy's decision is as follows:
Hon John Joerns. Travelling Auditor,
Santa re. New Mexico.
Dear Sir-ln response 20 your in
curry as 20 the compensation 0f cOun-
ty officers after The admission OF New
Mexico 20 statehood by the proclama-
ion OF tho president on January 9th,
1919. ! am OF opinion, after careful
examination of the provisions OF the
constitution, that those officers will
be entitled 20 receive the compensa-
ton provided by the territorial stat
utes until the legislature of the state
shall make some different provision.
The question Is no; entirely free from
difficulty bu am unable to reach
any different conclusion.
sectinn ] OF Article X of the con-
stitu4op. provides that the legisla
ture AZ its first session shall classify
the counties and fix salaries for coun-
~ officers which shall apply 70 those
elected 80 the first state election: and
that no county officer shall receive
any fees or emoluments other than
the anpQa 50 laIy proyided ly lev,
and an Tees earned by any oiiiccr
shall be- collected and paid into the
treasury OF the county. Were Il not
Tor tine last clause Of this section,
there could be no room for the slight
ost doubt as 20 the correctness OF my
opinion
There can be no ground 10 contend
that ans part Of this section of the
constitution rs self-executing. unless
ID is that last clause, that all fees
earned hy any onicer shall be- paid
lnto the county treasury Such a con-
struction .of that clause. however,
would Head Co sgch absurd results and
such public inconvenience that Il Is
inConceivahle that the makers OF the
constitution could have so intended.
The requirement that The legisla-
ture shall classify counties and tx
salaries. imposes a duty on the lesis-
laufe hut there is no way OF com
polling discharge OF that duty. II
tie legislature should be so untalthful
10 The trust given n, as to neglect tie
Performance of the duty, there would
be no remedy except by an appeal 70
The people at the next legislative
election IN the absence OF any ac-
iion by the legislature, the existing
gtamtcs with regard 90 the Compcnsa
tlcn az county officers. must be con-
siaertd. under Section 4 OF Article
Xxi as remaining IN force until tue
lCpislauro shall act Whether the
legislature when il does act. may
make The law as 20 salaries 80 Tar
fetfaciito as 10 apply 20 the CONE
nonsntion az all the new county OF
ncers nOm the time Of their Qualit
rntion. need not now bee conside ed
III the legislature should 90 provide
ID would undoubtedly require an ac-
counting from an officers who mas
have received any fees. of the money
collected. hul 81 is much more prob
able that the legislation Nill ne IN
tircly prospective, ana me salaries
fixed VIII begin when The law goes in
to effect Under Section 23, OF Ar
tlcle ~. laws are To go into enect aO
DAYS after HE Adjournment OF INC
legislature onactlng them. with cer-
tuln exceptions which 40 not seem "a
lntmde such matters as the rlas5iiita-
tlon of counties and the liking 0l
eainrios of COUNTY Oiiiaars SIN, u
might reasonably be- held that nc
wording of section ! of Article X al
ready referred 70. creates another eX-
ctption 40 the general rule as "a
wien the laws shall ga into eject.
You viii see that large part OF
what have said Is OF an uncertain
ANA speculative prophetic nature
nsd 81 not perhaps material TO the
Question under discussion but 10 does
lhinW some light upon the probable
Intention OF the maiers Of the consti-
tuition n will be- seen that % Will
hs IA least several months before me
legislature will act with a possible
lapse of several more months before
TOO legislation will become effective
during ail OF which time The county
officers would have 40 compensation
hatoyor unless they receive that
a ~ .H..aI A.
rinral Laws. n % incOncelvahlt
tuai any such condition az this could
lave been intended by the c0nstitn'
ton Yours very truly.
ls'enedl FRANK W. CLANCY
Attorney General