OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
.
:
Honorable W. T. Ralr
Assistant County Attoraey
Winkler'County
Kermit,Texas
Dear sir1
Your requemt for
fully oonridored by thi8 de
QWI8t a8 fOllOil5:
%.&~~kriff is confronted with thl8 propoai-
tian, both deputies on the $150.00 8Qlary baa re-
signed unless!they oan be paid $200.00 per month
eatvhand the clerk8 have also resigned unless they
can be paid $150.00 per month each: There are no
other persons that can be had to take their place8
and the sheriff doeen*t have 68 muoh help with the
972
Bmmrablo W. T. Heir, page 2
iOr he nOU ha8 a8 he Ileed8. -nOe he ha8 ap-
fOr BU-
plied t0 the county COsmli88iOner'rCOlll't
thority to raise ths 8alaries to the above mentlon-
ed iigiWe8, pnd In turn the Commi8sloner8 have re-
quested an oplnlnn a8 totilr authority ln author-
lalng the 8alarle8 to be ral8ed, from the County
AttOrILOy'8OffiOO.
“Vlndor Artlole 3902, Vernon’s Statutes Aot.
1939, we find the folloulng:
"(I) In eountler havi a population of
twenty five thoruand (25,OOO
7 Or le88 inhabitants,
fW8t l88iitWLt or 0hi.f'deputy not t0 exceed
Ei&tOeII HtIUdred ($18OO.OO) Doll-8 pel'UIXiuIsLj
Other a88i8tant deputler Ol'CleZ'k8not t0 exceed
Fifteen Hundred (@500.00) Dollar8 per annum eaoh.'
*There irrno doubt but that Wlnklor County
mm8 immediately within the purview of the above
quoted 8tatute and the raid bIiuIi88iOner8~ h&8 been
rdvl8ed by the under8igned that 8uoh salaries can
not be ral8ed f?om what they are nowi that if they
8hOtitd take the COW by the horns and raise the80
*alaPie that they would jeopardize their OWP in-
tarart, violate the law and become liable on their
bond8 8hould the matter be litigated, and turther
advlred that the law Is already bei violated by
zizq two deputierron a salary of T
4 50.00 per month
.
"The Commlrsioners~after being advlwd a8
above rtated, ark the further QuestiOn.
**Can Wnkler County pay in addition to Statu-
tory s8larle8 the with-holding tax or the 202 pay-
a8-you-go tax and not thereby violate the law'
"whioh in 8UbetmCe would mean to evade the law and
pay from ten to tw~entydollars more salary per month
than la now being paid.
"To this Question the under8igned has advised
the Coa~nl88l&e~8'.
**That it cu1 not legally be dons.*
Hamor8blo lf. f. mlr, P@m 3
“And for the third or la8t quertlon tho Can-
.mlmiamrm furthorask.
"If it were la@ to ralee 8darlo8, oould
it be dons lfftbout fir8t obtalimg parmS88ion f’roa
theW&. 6r Mm8 suohBoard.'
” a
. . . .