The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1932-01-28
County Official Salaries
Fixed BY Statute-Ru
Violation of Corrupt Practice
Act for Officials to Take Cut,
Says FairmOnt Attorney

A voluntary reduction of salaries
by county officials whose salaries are
fixed by statute is liable to cause the
person making such a suggestion
some trouble, according to an opinion
given by County Attorney Seifert OF
Fairmont to the Martin county COM
missioners, who were urged to make
salary reductions to aid in the reduc-
ton of taxes.
The Martin county official, how
ever, suggested the point that it
might be in violation of the corrupt
practice act, at least insofar as office
holders who would run for reelection
were concerned and since the attor-
ney of that county has declared it
would be a vibration, we are publish
ing the opinion of Mr.. Seifert for the
benefit of anyone who might be office
inclined in Redwood county. The
opinion follows:
"You inquire whether the elective
county officers, whose salaries are
fixed by the legislature may volun-
tarily reduce their salary. The in
curry is answered in the negative.
In my opinion the act of reducing
such salaries is against the corrupt
practice act.
'"The legislature has passed an act
prohibiting corrupt practices in cleo
tions, Chapter 3, Laws of 1912 &c. S.
1928 Sec. 538-579). The act reducing
such salaries can be readily constru-
ed to be for political purposes and
thereby Indirectly and in some cases
directly would influence voting at an
election, contrary to Section SIT,
Mason's Minnesota 1927 Statute.
GAS late as January, 1881, court
in this state held that where a clerk
of court, for the purpose of influence
ing the manner in which the voters of
the county might vote upon the can
didate for clerk, conveyed to the vot-
ers the impression that he would
work for less than the legal salary,
was an act contrary to the corrupt
practice act. In that case the sue
cessful candidate was ousted from
office on account of such reduction in
salary. | have certified copy of
that decision in my office for your in
spection.
81 understand that some of the
county elective officers will run for
office this fall. 1t would be highly
dangerous to have any such officer
voluntarily reduce his salary. For if
he does and is elected, his opponent
is in a position to GUST him from Of
flee on account of the corrupt practice
act.
'This opinion does not effect my
office, for the county attorneys sal
airy is not fixed by the statute"
In commenting on the matter in the
Fairmont Sentinel, Attorney Seifert
gave his opinion that the salaries of
county officers were fixed by statute
in order to keep competent men in Of
flee. He illustrated by asking. "Sup-
pose one candidate said he would take
an office at cut of $500, another
would assent to a cut of $500, and
still another, $1,000, it is logical to
see that the man who would take the
office for the least salary would pro-
badly be elected in times like these.
He might be able to live on the sal
airy, but he may be wholly incompet-
ent to conduct the office" The same
question was raised by Public Exa-
miner A. G. Johnson, in discussing
the matter with the Iurray county
board.