The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-04-27
MANNING MAY FIX
CONSTABlES PAY
ATTORNEY GENERAL PEOPLES
RENDERS OPINION
Officers Appointed by Chief Executive
Paid Out of Law Enforce
ment Fund.
The State, 18th.

The State, 25th
Il am Of the opinion that as 2 gen.
eral proposition, the governor may fix
tie compensation of constahlcs and
detectives" says Thos. H. PEOPLES, at
torney general, n an opinion written
upon the request of Gov. Manning.
The opinion follows:
& am in receipt of yours III wnich
you ask that l write you an opinion
On tie question of the authority Of
the governor to fix the compensation
of constables under tie dispensary
law
'In reply, I will say that, in my
opinion, the compensation Of the chief
constable and deputy conslaules ap-
pointed under the provision OF tie
code referred to in my letter to you
of the 13t2 inst is fixed by law as
provided in those statutes.
"Constables, detectives and officers
appointed by the governor and paid
out of the special fund for the en-
forcement of law are to nave their
compensation fixed by the governor,
as the disbursement Of this fund is
in tie hands and in the discretion
of the governor.
"The compensation of constables,
detectives, etc., appointed by the gov
ernor under the provisions Of section
$40 of the code, volume 2, may be
primarily fixed, in my opinion, by the
governor. In the case of constables
appointed in counties where there is
no dispensary and where tie compen-
sation is paid out of the ordinary
county funds, the amount Of the COM
pensation is subject to the approval Of
the county board of commissioners,
and they may audit such claim and
the claim will be paid in such amount
as may be approved by tie county
commissioners.
In dispensary counties, where the
compensation of the constables is paid
out of the profits of the dispensaries,
l am of the opinion tnat the claims
are subject to the approval and to be
paid by the county disnensary board
out of the profits before division of
the profits. In my opinion, the coun-
ty dispensary board will have the
same right of audit and approval as
is conferred on county boards of com
mission has to claims approved and
paid by them. Such compensation
should be paid by the county dispen-
sary board before the division Of
profits among the county, school and
road funds, for if it were not, and
the county board Of commissioners
were charged with the payment Of
this compensation, it will be seen that
only a portion of the profits (tnat
portion accruing to the ordinary coun-
ty fund.- would share in the payment
Of this compensation.
'"To sum up the entire matter, am
of the opinion, that as general prop
osition, tie governor may fix the
compensation of constables and de-
tectives except such as are referred
to in the second paragraph Of this
opinion. In the case of constables ap-
pointed in dry counties, where al
lowed by law. the compensation fixed
by the governor is subject to the ap-
proval of the county commissioners. In
the case of constables appointed in
dispensary counties, where allowed by
law, the compensation fixed by the
governor is subject to the approval of
the county dispensary board. In the
case of constables appointed and
whose compensation is paid out of the
special fund for the enforcement of
law, the claim is subject to the ap-
nroyal of the governor"