Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-04-21
MAY SAVE COUNTY
OFFICERS FROM
STARVATION
Attorney General Believes
Commissioners May Make q
Small Allowance Pending
Enactment Of a Salary Bill.

Santa Sc, y a.. April a2.-"Thnt
county commissioners would be- iusli-
He'd az matter 81 absolute noces-
sits, in order to continue the county
government IN operation, to advance
10 those county officers Tor whom no
salary Is provided, sufiicien, amount
Of money 90 pay living expenses'
This is the opinion 81 Attorney
General Frank W clancy ana one
that win probably be- hgiiod with loy
by numerous gentlemen who we're
elected go county office in November.
1911, ana who have thus far been
compelled tu strugElc along az best
they might without any money from
their respective counties
The attorney general, however ir
not certain what would happen u
some taxpayer were a. pray Tor an IN
junction prohibiting the commission
cra from paying any money io county
officers. since there is np specific law
under which these payments cam be
made.
Mr. Clancy's opinion. which Is Ia
rcpiy 10 request from District ~.
torncy Rcmley of the eighth judicial
district, Is us Follows
Hon. George r.. Remley, District At
tOrney, Ration. g. NJ
pcur Sir Referring again to the
subject uf which you wrote me ON
the i'm VI April ns to making some
provision by which county officers,
whose salaries have not been fixed
hy statute. can he paid in whole cor
in part for their services. in the ABB
scncp OF any legislation relating
thereto. ! am compelled 90 agree with
you that there b. NO method provided
hy any existing statute Tor such pnN-
ment. but / believe that the county
a matter uf absolute necessity ia
order to continue the county govern.
munt la operation Go advance u
those county officers. for whom ne
salary b. provided suiicicnt
amount Of money 90 pay living OK
pcnscs. to be- made after the icsisla-
turp shall have HXcd their salaries. q.
VIII not venture 90 predict what
the courts might hold " some tax
payer should seek 90 enjoin the max
ing of such advances. uS there ~
room for wide differences of opinion.
What I suggest Is based upon the con
sideratiOn that the constitution, while
prohibiting any county officer from
receiving any fees OF cuoluments
other than The annual salary provid-
cd hy law, clearly contcmplutcs that
an county officers shall receive com.
pensntiun for their official services.
n b. cnjoincd upon the legislature 10
classify counties and hN salaries tor
all county officers and. while that
duts has not been effectively per-
formed 60 the present time, We must
ifssAnm that sooner cor lnteT the lesiS'
lature viii perform that duty. III
the meantime public interest requires
the exercise and discharge % the
powers aud duties conferred aud inn
posed upon the county officers. and
very large portion of those officers
cannot possibly DO what " required
of them without money 90 live upon
VI ls not reasonable that they should
bc subjected 60 the burden of borrow
ing money upon their personal cledlt
and paying Interest therefor ana
there may hD some OF them whose
credit would not be- equal 90 SO much
of a strain In view Of the certainty
that the Legislature Will provide adc-
uuatc and proper salaries to cover
the period for which the county OH
GERS have served, on may serve,
believe that the county commission
crs viii be- Justified in advancing such
small amounts as may De absolutely
necessary 10 cuablr the officers 10
live being careful to Keep we'll inside
OF the amounts 81 salaries which VIII
probably be provided.
Further foundation Tor the exercise
~ such discretion can be found IN
the nfth subdivision of section 6Gl of
the Complied Laws Of 1881 which
gives to the county commissioners
power az 90 the management oi the
interest of the county la all cases
where no other provision is made nN
law"
There are certain county officers
whose salaries. fixed boy territorial
statutes. may properly be payable, AS
I have heretofore held 20 circular
letter which sent to all district at
tcrneys. and whau now SAY oi
course has uo reference 90 those OF
ncers. yours very truly,
FRANK CLANCY,
ATTORNEY General.