Case Information
*1 i i t jz, ,~
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r, OFFXCE OF THE AITORNEY GENERAL OF TEXAS t AUSTIN
Bonorable P. 33. Edwarda, Chairman,
State Pink BoXlTorm CoaanLssion
P. 0. BOS I.581
San hntonio, Taras
Dear kr. Edmwds:
OpiniOB @O. O-
zwd map he bc areling expenses his regular saSaryt s Department oon- aarning the abo following letterqt, can has arisen, com5ission or State Depart- eivo an annual lug espmsee. I er of the Texas 1 do receive ry aa P m%ber of the ere not a lsember of the. uld be rty duty as Chief In- Fink Bollror% Division oT tbe nt 0P Agriculture to attend hearings of the Pink Uollaorra Comlssion to give expert testimny ana roald, of ccurm, a regular receive and expenses. The questions aret
'1. Can I smve as cret;;bor Gf' ehe Stats Pink Boll~rorr CoMILission while being elrploy& by ths State Department ot' AgriouIturs, and *2 Bonarable 8, 8. EdranisI GhaintPn, page 2
draw nq regular salary sn3 nece8saFy
traveling expenses?
“2. Can I serve as t;esjber of the convcfasion if I drew only my regntar sal- ary but no travclinf: all~wrncc erOm the
state of TexasP
Your questions should bu anewred ir: the nega- tiTe. Seation 33 of Article XVI of the Constitution, vba hold6
insof’u as pertinent, IS 88 f0llOTSr
@The aaoounting officers of this State shalt neither draw nor pay a warrant upon the .treasury in faror 0P any pemon, tar or uo~penertion as agent, 0Pftaer or
S~pdH&G, rlt the SapLB tfSi:e SW other offLce or pos%tian of honor, trust or profit, udder this Stat8~ or the United States, l l +,*
You, as an eniployee of the State Dapartaent of rec%i~ve en annual salary end neuessary travel- A@iCUl turt, ing expenses which are, of course, paid out OP the State treasury upon the warrant of the amounting ofPicers OS the an l eppeintee*, You areI thercfor~e, rithin the nean- State. ing of Section 33,
2lec~berahI.p in the State F-ink Bollwarm Ccmassion is, we think, an office under this State, but ah~ether so OP least a position-* of honor and trust, within it at the u.oaniug of Yecticn 3.3, and the drawing or payment of a warrant uyc;n the treasury in pour favor on account af either offioe, appointmnt cr position is plainly Portidder: during the tir;e tie ~10 occupies such dual pGSitiOn6.
This has been the uairorra hoMing ul” this Dryapt- Eerrt for &any years, beginniug perbaps aith the celebrated holUng of First Assistant C. LL. Cureton, the late Chief UP thz r;u>rci;.c Court, in the aatter of Lieut.enant Justi Governor Will 5. kagts’ servin:: as Prcf ee%:cr OC Jourr:allsm in StatC Unip+PSity, While at tb5 sawe $in:c I~aldlng his dPi.ce of iAcut~mar!t tiev3rmr uf Texas, in the ciurse of which ocinicn Judge Curetoo said:
sonorable ii. B. Edwards, Chairman, pitge 3
#It is very clear, thereeorz, that b;r. byea so long as he is Lieutenant Gofernor could not under the Constltutlr’m drw pay Proru the State, ns (3) ng:?nt, (2) officer, (3) appointee of thr Stat*.
‘As we hape before endeavorel to shoa that a professor in the University of Texas an appointee, or ia a liaited sense an agent, A@. )tayos could,not draw a salary
Pron the State as Professor of Journalist
in &ha University.
*rite aonveroe of the above proposl- tion Is also true, zuxl, therefore, Yr.
&ayes, uo long as he was the agent or ap- pointee of the stat4 aa a Professor of
Journ;llise in the Unltersitg, couki not
draw his pay as Lieutenant Cio~ernor of
the State, baing an offic43 rithin that
the meanin 0P the Constitution. Therefore should &‘A-. Lnyes accept
the position of PraPessor aP Journalism
in the University ami at the s91ce t&w
hold ami esercisc tha dut.ties OP the of-
Pice of Lieutenant Govsrnar, he could
3ot dron pay lor P_tther such 0Pt’ice or
such p05ition.a (Gpinions Attorney Gener- al 1912-1914, p. 853).