Case Information
*1 Mr. Allen 8. Conner, February 11, 1939, Page Q.
history 0r the time, the oontamporsneoue olroumetmo4s, and the conditions leading to the enactment of ths amendment, to ascertain th+ ?urposr or the amendment, snd msenl~
and the language v&l]. be construed to further that purpoae. Ewme t. kal,ra, 170 Ter. 3S3, 40 6. I’,. (2nd) 31; San Independent Sohool Dlstrlot v. State, (Clv. App. ) Anton10 173 s. ::i. 5%; ‘7. 29. The ..‘illtome v, Carroll, It:: S. thing to be sou(.!lt 1s the thought af~reaced, (Cardova v. l-t. 207) alth the view of ascertaining and stnte, 0 cr. giving effect to the intent of the people who adopted the amendment. Collingsworth County v. Allred, 120 Tcx. 473, :;‘. (2nd) 13. 40 z.
It 1s n matter of oonmon knowleci;:e that tkJ-;c? anend- mot was EOUf:ht in this instanoe solely to ellminnte the There wes no eu[;Ceetion of any obsolete dueling olause. other purpose to be arrected. In tsct, the very lanfusce of the amendr.lent indicates that the people intended that “all off iceran chould take the oath of offloe. “All Offl- cers*ms both elective and appointive oi~flcere.
Yet we should not impute to the -people of Texas an intention that appointive orflcers ahoul~d take er: oath embodyIng lani:uege wholly inapplicable to the zanner by which they acquired their office.
Applylnc the rules of oonstltutional cooctruotion i:e therefore hold above stated, the conolusion Is olear. that, ln order to Give effect to the lntentlon Or the people in voting this amendment, all appointloo officers in thla State, Including ootarlre public, muet the take constitutional oath of offlco provided by the amendment, but that the oath as to them must conclude, after eliminat- lng the viorde, e.. . for the giving or withholding a vote at the election at whloh 1 was cleated," after the word “reward ,* with theaa words, e... to seoure my appointment. So help me God.”
Yours very truly ATTORNEY G W&RAL OF TEXAC By &&&.&&tAl EC. ‘A.. Falrohlld F&w : F BP _ Assistant APPRCVXD: A ., (\.‘.
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AWORtiEX G?E?%XAL OF TEXAS
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