Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-01
CLANCY EXPLAINS
PROVISION Of
NEW SALARY LAW
Attorney General Tells How
Certificates of Indebtedness
May Be Issued to Meet
Emergency Existing,
.,sel.l eoarssrorosner 70 ~osalaa loOan.ll


Santa Fe, March Sl,-The board of
county commissioners Will meet on
Monday to authorize the issue Of eer-
tificates Of Indebtedness 10 county Of
hcials for their salaries of the past
three years Already officials are
seeking to discount the certificates.
While they have been authorized by
the legislature yet Santa Fe county
is in the unfortunate position of hav-
ing long ago exceeded the constitu-
tional debt limit The bills for salaries
and service too, are much heavier
than had been anticipated but under
ruling OF Attorney General Frank
W. Clancy. just handed down, are au-
thorized and should be paid.
The opinion.
The opinion says
Hon X. r. Scott, District Attorney,
Roswell n, NJ.
Dear Sir: | have today received
your letter of the 27th inst, enclos-
inc two others, one from W. NJ. At
kinson. chairman Of the board of
county commissioners of Chaves
county and the other from r. f. Bal
lard. county clerk, both on the sub
iect of the settlement of the county
clerk with the county under the
terms of the salary bill recently
adopted by the legislature.
1t is not at all surprising that Mr..
Atkinson, when contemplating the
large amount claimed by the county
clerk. should think that the law could
not intend so much of an allowance,
but upon careful examination of the
act and of what is set forth in your
letter and the other letters, l am
compelled to agree with you that
Mr.. Billiard is correct in his claim,
although II reaches the figure OF
81 900 per annum. II is to be borne
In mind. however, that of the $1,000
in the future only $4,000 will go to
the clerk as $4,000 viii be paid only
to the deputies, while as to the past
he seems to be entitled to the fun
amount claimed when we take into
account the clause in section which
SAYS that each officer may take
credit for all amounts allowed to him
in any form, or on any account, un-
der the terms of this act, as applica-
bic to the time prior to the passage
hereof It may well be, as a matter oil
fact. that the legislature did not IN
tend such a result as is claimed by
Mr.. Ballard, but as matter of law
we can ascertain the legislative in
tent only from what is to be found
IN the statute and ! will, as briefly
as possible state what is to he found
in the statute, not for the purpose OF
enlightening you or Mr.. Atkinson or
Mr. Ballard, who all seem to know
very clearly what is in the statute,
but because, as suggested by you and
Mr. Atkinson, this matter is one of
wide importance and ! want TO
show the reasons for the conclusion
which / have reached and hereinbe-
fore stated.
'rhe salary bill provides in section
. thereof, that in counties of the first
class the county clerk shall receive
salary Of $4,000 and $1,000 add
tional for deputies, and further, UNI
I'll relieved by law from the perform
ance of the duties of clerks of dis
trict courts, he shall receive addi-
tional compensation In counties of
the first class to the amount Of $1,000
per annum. IT Is further provided that
whenever during any calendar year
the fees earned and turned into the
county treasury by the county clerk,
exclusive of those derived from the
district court, shall exceed in coun-
ties of the first class the sum of
$4,000 deputy or additional deputy
may be employed upon authority OF
the board Of county commissioners at
a salary to be fixed by it, which shall