Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GENALD C. MANN ATTORNEY GENERAL
Honorable D. M. Higgins, President College of Mines and Metallurgy El Paso, Texas
Dear Mr. Higgins:
Opinion No. 5-228
Re: Whether or not the President of the College of Mines and Metallurgy may serve as Public Panel Member of the Health Regional War Labor Board.
We beg to acknowledge receipt of your inquiry concerning the above mentioned subject matter, as follows:
"I am inclosing a letter which I have just received from the National War Labor Board. I shall be grateful to you if you will counsel me in regard to this matter.
The first place, I should like to know if it is legal for me to accept such appointment or any other, as to that matter, of this nature. I know that there has been some question in regard to state employees accepting appointments with the Federal Government.
"I do not do so, if it is legal to accept such appointment, I should like your friendly counsel as to whether you think it would be wise for me to undertake this type of service. I sincerely want to do whatever I may to assist in the war program, but at the same time I do not want to involve myself in such a manner as might be hurtful to the state program which I represent.
*2
Eenerable D. M. Miggins - page 2
Sootion 33 of Article XVI of our state Constitution provides:
"The acoounting officers of this state ahall neither drar nor pay a varrant upon the treasury in favor of any person, for salary or compensation as agent, officer or appointee, whe helde at the same time any other office or position of honor, trust or profit, under this state or the United states, exoopt as prescribed in this Constitution. Provided, that this restriction as to the drawing and paying of varrante upon the treasury shall not apply to officers of the National Guard of Texas, the National Guard Reserve, the officers Reserve Corps of the United states, nor to oulited men of the National Guard, the National Guard Reserve, and the Organized Reserves of the United states."
The President of the College of Mines and Metallurgy is paid a salary from the state treasury. The position of Public Panel Member of the Righth Regienal War Labor Board is an office, or at least a position of honor, trust and profit under the United states, for which reason, by virtue of the Sootion of the Constitution above quoted, the President would not be entitled to draw a salary from the state treasury while holding at the same time the office or position of Public Member of the Regional Board, under the United States.
Our reasons are more fully stated in Opinion No. 0-8107, wherein we held that this Sootion of the Constitution forbade the payment to a Biatriet Judge of his salary while he was holding the identical position under the United States mentioned by you. We hand you herewith a copy of that opinion.
Very truly yours
08-MR Enclosure ATTORNEY BENEAL OF TEXAS By Ogle Spear Assistant
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