We hate four Article 23726, leraoa' Civil Statutes, with respect to the ahot et-1 8s fol]owBt

f P. E. Dlcklnon, t, Texas, reda- tember, 1946, to Aderaor-Collector nd during last twelve r, went to work with the City of Ssa first day of September, and ras em- e period from September 1st through 'atTBsrIOR: Can this employee be paid for the period from September 1st to Scp- teaber 15th by the Assessor-Col- leator of Bexar County, Texas?

*By way of brief, YOU 8re referred to Article 2372g of the Revised Clrll Statute. of the State oi Texas, and your attention is dlreated p8rtlanlarl~ *2 I.43 _ amarable John R. Sbcc! - pare 2 to Section 3 thereof. Tour attention Is also dl- rooted to Article 16, Section 40, Of the Constitu- tion.

.so far as we hate been able ta MI‘:!, question of abether ray be pald for or not 8 party vacation t.iwe bf the Count.7 while working for an- other po?ltiaal subdirision has not been Ozsued on 2372~ was passed by t.he ?eelslature.* since Artfcle

TON call our attept.lon to Article 23?2~, Vernon’s C~:?fflcation of the Clrjl Statutes, helng H. Ii. Xo. 77, ch. 58.

of-the Acts of the 49th Texidature at its neizular Fesdnn.

t?ection 3 nf t.hat Article is as f~11 os~st "The Coiwissloaere Courts 5~8~ ffnnt racatlons to errvlopees in the actual emOlop of 4~ch counties (14) days in anp calendar not exaeedinE fourteen .znd, when such vacatlelrn are erznted, aI7 en- year rloyees In actual emylapevt of such c~untjes sha'll be cnmnensated for such vacatlm, time as If actual service were helvc rendered under thejr emnlopent. t.he purpose nf thjs Act

It bein? to want reesonahle vacation time durlnr each oalmdar For employ- year ees In the aouvties embraced within thjs Act.’

Berar County PalYs Utt?in class c\f counties thus enhraced.

IOU alse cite Section 40 of Article XVI of the State Ccnstltutlon. That Eeotlon Insofar au wertjnent In as follower

"FO person shall hold or exerol se, 8 t t,he sar?e tbsn dire Oitil offioe Of emnlunewf,**+.* tine, more from pour clt,lng it was your Xe *ssu*e Sectinn 40 trrucbt that the question Of clnal oftlce-boldi~nc by the em- n?oyee in nresented.

IOU rlo not. state character of serrjoe Farformed by this erinloree fOr the c1t.v 0T 5an Avtanlo, but were3r say he, how- rj th t.he city Of Can Antonio 1st day .xent t,o rnr:- IV ever, and ran evlrTlnred hlrins! of Fentepber the nerlod from Sertember 1st throupb Sentemher 15the". We are not 8drised whether hjs ser- verlod. vice VP= t.pst of an otffcer Or s mere emnlapee &wlnB that thst Fe was an e~~rlovee w+fl mot aF offfcer of We ausure, however, *3 Mareovert you do not shot t,hat the the ci tv of San Artonio. emntoyee lnvalvc~ was other than an employee hy !'r. Dictioon, the Tax Assessor-Collector of Perar Countv, ard we therefore a6w?w that he was not nn offjcer Of the county but 18s e mere err! ogee. that i6, that the em))Yoyee -- Cpon these osunmrtlons

into1 red -- was an employee, as oontradlstlngulshed from 811 of- ficer, in hoth eervioes , no question of irue office-holding Is and Section 40 of ArtlOYB XVI of Constjtutlcw has jnvolverl, upon the problem presented. no l-earing In some oaem it fs true, as where the dual sewice by ty ~rformin? at same time of en eFp1 oyee of one mtmiojpalj n service for enother munlOip8lit~,

hjs servjce miRht be of such Inoomnatihllit~v es t.het one or even hnth municipalities might re- for such rerfod, but that principle fuse to nay hjr couwensatjon of rwb>ic poljoy canI% hardly a?!plJ t.0 situation st8ted by VU, for indisruk.ahIv the employee did not owe to Rexar County t?!a duty nf any servzlce nhettoever the st8tutory vacation dvrlnr n~Jnwer) to him on fu?l wv, sn% Werefore his actual perfc?munce nf CervIoe for another municipal esploper could not he incon?nat- lh?e with any duty he owed to We County. We know of no reason rhy,urder the facts state% h? you, an3 should not PRY t@ the employee

1:exar Ccunty FBJ not be llahle hi6 stjpulated sa1arv for an% through .the +aeatl,on neriorl allowed him. Under the statutorv scheme of aT?oranoe OP ren sonable vaca- t37n 131379 t,o erplovees , he was entl tYed to this concessjon, hut to devote nuch t.ime to rest nnd Jel?nwe, ejther wa = not comnelled at home, ip the huntinE or on #e river banks. Hi6 thIe fjelds, he 681 fit fer 6uch period wa6 hi6 ver? rwn, and if for an3 ree8on t.r, t,urn It to comnensatory actiojtlea, his was the choice, ard, he t.he State , the aounty nor env j?!diri%t:RS. As the ?-arrrs neither has it, "Nobcdy Seems one nen?y the worse”! ?tr*7.3rb