Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-04-01
What's New in New Mexico

in no event exceed SIS per month;
and further that In such counties
where the fees derived from the dis
trict court exclusive of fines and for
FIXTURES, during any calendar year
shall exceed S2,5O0, an additional
deputy may be employed at salary
Of not to exceed SIS per month
These several salaries added together
make a total sum OF $1,000 Under
the provision contained in section 3
of the act, quotation OF which has
been already made herein, Mr.. Bal
lard is authorized to take credit for
this full amount as II appears that
the fees earned by him and turned
into the county treasury greatly ex-
coed the respective limits OF $4,000
and $4,000 for the two different kinds
of fees. ! can see no escape from this
conclusion. As TO the past, the pro-
visions authorizing the employment
of deputies cannot be exactly applica-
BILE because the time has gone for
employing them and we are not in
formed as to the means employed by
Mr. Ballard to get all the work done.
He may have been able TO get the
services Of competent deputies for
even less than the amounts specified
in the act, but section 3 allows him
to take credit for all amounts allowed
to him in any form or on any account
under the terms Of the act for the
time prior TO its passage.
"The suggestions made by Mr.. At
kinson would seem to have more
force IL applied to the future. one
of the SIS deputies may be employed
upon authority Of the board OF coun-
ty commissioners and 1t is not at all
clear that the county commissioners
may not have some discretion as to
this employment, and certainly they
have discretion as to the fixing of the
salary. There is no such limitation as
to the employment of the other $40
deputy save the discretion of the
clerk himself. Mr. Atkinson seems to
think that the district judge has
some control over the employment of
this deputy. but | do not find any
thing in the act upon which to base
this conclusion.
Il take It that the clause such
amounts shall be payable only to the
deputy performing such services can
have no reference to the three years
that have passed when taken in con-
nection with section of the act but,
although it is not clear from any
thing in the act what the words such
services may mean, it requires that
for the future the amounts provided
for deputies must be paid to the dep
iuties and not to the clerk himself
"In view of some things in Mr.. At
kinsons letter | ought TO add that in
my opinion the deputies provided for
lup to possible limit of $2,SO0 per
year are not to be considered as re-
Istricted to any particular kind OF
work. That is to say, the deputy who
may be employed when the fees turn
ed into the treasury by the clerk eX-
elusive Of those derived from the dis
trict court shall exceed $4,000. is not
limited TO the performance OF duties
outside of those of the district court,
nor is the other deputy who may be
employed where the fees derived
from the office of the district court
exceed $4,000, to be limited to work
in the office of the district court
There is nothing in the act so to re-
strict these deputies and | believe
that any and all of them may be call
ed upon by the clerk to perform any
work whether in the county office
or in the district court office or in
the office of the probate court.
Il return the letters of Mr. Atkin-
son and Mr.. Ballard as requested.
Very truly yours,
FRANK w. CLANCY,
attorney General