No officer of the state who receives a salary, shall accept or receive to his own use any compensation, fees, allowance or emoluments for or on account of his office, in any form whatever, except the salary provided by law.

ANNOTATIONS

Cross references. — For prohibition of extra compensation to public officers, see N.M. Const., art. IV, § 27.

For fees collected by county officers, see N.M. Const., art. X, § 1.

For general salary provisions, see 2-1-3 to 2-1-11, 4-44-1 to 4-44-45 NMSA 1978.

Comparable provisions. — Utah Const., art. VII, § 18.

Intent of section. — It was intention of constitutional convention to abolish fee system as to officers indicated. State ex rel. Delgado v. Romero, 1912-NMSC-010, 17 N.M. 81, 124 P. 649.

District attorney to receive salary only. — District attorney is a state officer and is precluded from receiving fees, allowances or emoluments other than salary provided by law. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.

No extra compensation for official acts. — Boards of county commissioners have no duties to perform other than official duties, and all services rendered to such boards by district attorneys are official duties; therefore, there are no legal services that can be rendered by district attorney for board for which he may exact extra compensation. Act of advising board with respect to validity of contract was official act required of that office. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.

Prior inconsistent law not in force. — New Mexico Const., art. XXII, § 4, does not continue in force fee and salary provisions of Laws 1909, ch. 22, said law being inconsistent with this section. State ex rel. Ward v. Romero, 1912-NMSC-011, 17 N.M. 88, 125 P. 617.

Different situation when officer not salaried. — It may be that assistant district attorney and county commissioners may make arrangements for former's compensation when law contains no salary provision for said assistant. 1915 Op. Att'y Gen. No. 15-1655.

When person holds two offices. — This section does not prohibit state officer from holding another office not inconsistent with his elective office, nor from receiving compensation therefor. 1912 Op. Att'y Gen. No. 12-875.

Adjutant-general of the state holds two offices - one a civil office and the other brigadier-general of the national guard, and when ordered to duty as national guard officer, he is entitled to pay both as adjutant-general and as officer of guard. 1934 Op. Att'y Gen. No. 34-805.

When fees used in connection with office business. — Section prohibits receipt of fees to personal use of secretary of state but does not prevent collection of fees provided by law to be paid to secretary and their use in business of office. 1912 Op. Att'y Gen. No. 12-911.

Section does not prohibit governor from using contingent fund annually appropriated to him for any purpose properly connected with obligations of office. 1912 Op. Att'y Gen. No. 12-887.

Contributions by universities to executive department salaries. — Contributions by state universities to executive department officer salaries are consistent with the New Mexico constitution only if the legislature appropriated the contributions for that purpose or if the contributions are paid in exchange for services the cabinet officers perform for the universities. 2007 Op. Att'y Gen. No. 07-06.

Clerk prohibited from keeping excess federal fees. — This section, in addition to 34-6-37 NMSA 1978 (concerning disposition of court income), precludes district court clerk from keeping fees, collected in connection with passports and like federal functions, in excess of those remitted to federal government. 1968 Op. Att'y Gen. No. 68-77.

Judge prohibited from accepting gratuity for marriage ceremony. — Except for municipal judges, a judge may not accept a gratuity in connection with the performance of a marriage ceremony without violating the New Mexico constitution. 1991 Op. Att'y Gen. No. 91-09.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 450, 451, 453.

Per diem compensation, 1 A.L.R. 276.

Stolen property, right of officer to compensation for services in recovering, 58 A.L.R. 1125.

Administrative officer's or board's power in respect of compensation of public officer under statute fixing maximum or minimum compensation, 70 A.L.R. 1050.

Priority or preference in payment of their salary or fees and expenses, right of public officers and employees to, 92 A.L.R. 635.

Constitutional or statutory limitation of compensation of public officer as applicable to one in governmental service who is paid in whole or part from funds not derived from taxation, 135 A.L.R. 1033.

Earnings, or opportunity of earning, from other sources, as reducing claim of public officer wrongfully excluded from his office, 150 A.L.R. 100.

Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.

Probate and guardianship proceedings, constitutionality of statutes which provide for fees for service of officers in, graduated according to the amount of the estate, 76 A.L.R.3d 1117.

67 C.J.S. Officers and Public Employees §§ 223, 224; 81A C.J.S. States § 106.