Case Information
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
=-GhIAW ~-~CWlUL
The Oountr thi deputy Olerks c18rk ill in that offloe. offiO8X'8 s&iXy
1~18 a salary only the O0Ulit.y Olexk O? 0m08 after he 1s m, is he entitled ty Olexk? .
sea. 40, Art. 16, aonstitution de that no person shall hold ox mn8 tiae more than one offfoe of amolunmt, exoept that of Yurtloe oi the Pea00 CGPOtr cOJidSf3iOll~C, Blotaxy R8blio and Pooetma~~8x, 1x1 the ArrsJ hTY,
inoluding OertF&l rOSOn80 retired peXDOlUIC& Of the Armf, kWJ 238, end It Is arsummd the County Olerk rlll an4 MarLo*. ontar the A- thI'oU@l SbleOtiTO 38X400, M(L *2 Ronorable OoMdl~ MOhy, %%tgO
thoxefore, the quertlon is would he be an ottfasr oxsmpt under the Constitution fxim holding bin 01~11 oifioe and bein,% in the amy. Carpenter WI. Sheppard, 145 Ss8(2) 562, does not seem to br applloable to this situation but the reoent ds- olslon of the Supreme Court in the oase of Oxamx web Sheppard probably in in point. I do not hats this oa6s as yet.
Vlth several 4eputle8 In th8 ofrioe the County Olsrk oould PerfoXmthe duties of ths of- iloo and by them. throu& that if Judge Dixon in the axamx Seem *It ill th. k of the United
0608 f8 a rOS8ftS @flO8? States, t a selsotes thca it lpi&t al80 be true xa 1s a xesoxve enlisted man, a8 I und*xHand, tmrve ror the duration plus six raontha. -the?, it seem+ that under Title 94, Mllltla, every able bodied m~ils'ln Texas 1s in the Ressne Militia.
'PhaW let Rl8 haTs all OQilliOll frOIIi YOUX ds- partaent ooono8ming these quostlons.*
county olr*’ Zt is not speoltioally Is bsing Induoted lnto not the stated rlmther the military senloe 0r [*] the United Staten a8 a private or a oome&mloned offloor, Bonever, In the absenoe of any raots to the aontrw we as- eume that the oounty olerk being lndwted Into ths Aray as a private.
Heretofore this dsparbent has rendered several opinions 011 questions rery similar to the one pxosented in faux lnqulr~. In oux opinion No, O-5017 It was held "that a person who was duly eleoted oounty olexk aad has sinso bean lnduotod Into the mllltary serrlos of the United States as a private Is antitled to qualif’y by flllng the required oath and bond"..
In oux.opInlon lo. O-4873 it was held "that no provision o? the Texas Constltutlon or 8tatUtes prevents the United Stat88 Amy from being a osndidate for private in elsotlon to the orrioe OS oouaty assessor-oolleotor or taxes. If such person be 8leOted to that offfioe, the faot alone t&t he Is a pxloats In the United Stat88 Army will not diequalify him to take and hold th8 oirioe snd Moeits the oompensation See opinion Bo..O-3448, rsrerrrd above.* attaohed thereto..
486 Eonorabls Oonnallr )1IoKatalr, %s IJI +icr tlw ror~oiog fop sr~ respSothl1~
adtlsod t&t
it our opinion that the taot alone that , is a private in ths United States h&t will olerk oounty t not diaqtulte hir to hold suoh OfilOS and r808iTS th8 ODE
~satlon attaohed thereto.
In sop rt of our summer your qwstlon dl- root Tour attent.an to the following oplnloacl Nos. O-3448, r
0465, O-50$7, O-4673 awl O-4599, so+ss of those opinlolu belly enolosed hwewttb.