Your requemt for

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%.&~~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 eatvh and 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 *2 972 Bmmrablo W. T. Heir, page 2

iOr he nOU ha8 a8 he Ileed8. -nOe he ha8 ap- plied t0 the county COsmli88iOner'r COlll't fOr BU- 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'8 OffiOO.

“Vlndor Artlole 3902, Vernon’s Statutes Aot. 1939, we find the folloulng:

"(I) In eountler havi a population of twenty five thoruand (25,OOO Or le88 inhabitants, 7 fW8t l 88iitWLt or 0hi.f' deputy not t0 exceed

Ei&tOeII HtIUdred ($18OO.OO) Doll-8 pel' UIXiuIsLj Other a88i8tant deputler Ol' CleZ'k8 not t0 exceed Fifteen Hundred (@500.00) Dollar8 per annum eaoh.'

*There irr no 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 deputierr on 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~enty dollars 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.* *3 Hamor8blo lf. f. mlr, P@m 3 “And for the third or la8t quertlon tho Can- furthor ask.

.mlmiamrm

"If it were la@ to ralee 8darlo8, oould it be dons lfftbout fir8t obtalimg parmS88ion f’roa theW&. 6r Mm8 suohBoard.'

” a . . .