Case Information
*1 OFFICE OF THE OF
FIonoreb2.e Karl Ceyton
County Attommy
mwaon county
Lameea, T6xae
the opinfon of this dope
ata marrtage
opinion that they may e~~loy the e death of the janitor's wife 11evbr- uhip of niaoe and nephew @knd the rustee will be the gxsat ~n01o of bhilUren will not preolude the btr- 9. Kay (L rcrhoal bo6Lsd buy gaaol%ne anb oil on the oantraot basis, eto. far the use of tha Sobool from a blood oowin of one of the xembem of the sohool bard.
Honorable Karl Cayton, Page 8
the man to any position, but merely purohaae from him.
"3. X89 the eohool board, give printing work to the brother of one of ths members of the aohool board.
Vhutm explanatiorl and situation as l?o. 2.” Artlale 452 or the Penal Code reads CM follarsr "Ho ofricer of this State or any otfioer of any dletrlot, oounty, city, preolnot, school dietriot, OT other muniolpal subdirlalon of thie Bets, or en9 oiiloer or member of any State, dletrlot, County, city, sohool dletriot or other munlolpal board, or Judge ot my Oourt, areated by or under authority of en9 gen- am1 br spaoiel law of thir State, or an9 ~mekber ot the Lqlslaturs, shall appoint, or vote for, or oon- firm, the appointment to an9 ofiios, position olark- #hip, aarploylaent or duty, of any person related within the reoorml degree by affinity or wltbln the third degree of oonaangulnitp to the permon 80 appointing OF so toting, or to any othbr member of any euoh board, the Lagi8kture. or oourt of rbloh auah per- son 80 appointing or voting ma9 be a nmuber, when the salary, tosa, or aompensetlon of mob appointee $8 to be paid for, dl*eotly or indlrootly, out of or rrom pub110 fund8 or fees of oSfloe of any kind or oharaa- ter whetaoever.*
3t its olear, from reading the above ertiole, that a janitor may not be amp~oped by en lndepsndent sohool dlatrfot If he ie related to B member of the aohool board within the reoond degree of efrinity or the third degree by oonaanguinity.
'Phe method of ccmputing the degree of oonsangulnity is eet out In the case of Tyler Tap Railroad Comp~~9 and Douglass va. Ovsrton 1 Tax. Ct. or App., page e68, Se@. 635, wherein OOurt s&at@48
"3~ oomputing the degree of lineal cronsen- guinity existing between two persona, every gensra- tlon ie the direct aour of' relatlonahip between the two parties makes a degree, and the rule ie the snme by the civil and oommon law. The mode of oomputlng *3 Eonorabls Karl Cuyton, Pa&o 5
degrees or collateral oonsuzgtinlty st the oomwn ana by th* canon leu 15 to dlsaovsr the oomaen ancestor, to beein with hlm to reekon Ucwnwartla, and the degree the two persons, or the nere rem&e of them, iii ajstant from the anoeoton, the degree of kindred sM@fetlng betueen thu. for IndaAoo, two broth-.r6 Ij~+e relate6 to cash other in tke Urrt from the father each one of thea degree beoauee one degree. irzl uncle Mb Pophew are related to eaoh other in the seaond dogree, boeawo nephew la two degree8 dietant rrom the eeumon us- oentor, and the uncle is extsnbed to the remote& degree of collateral relatlorrship.*
Degrsoe of affinity me oomputed tha l mo 'qmner as those of oonseAgulnity. That is to say, the relrti ~of the wife l tande at the rame degree at l Sflnity te t&s h 3 uld a8 they are related to the wife of oonrangulhity. Kelly vs.
X0019, UX Ark. 667, 66 Am. Dac. a@@; a Cd. s7ey a 0.J. Sewa- ~UIB, ova.
9ollowlog the rule l a laid davn in the Tyler Tep Ballroad Company and Douglaas oaee , rupra, fwt6a60a rife of the man whoa8 amployaent aE jeaitor lr enticipabe&, aid the member of the aohool bosrd, bslA6 nieor and u~ole, wore nlated by oonsangPin1ty in the eeeoA6 degree. 3~ the oewe of Kelly VS. Besly, supra, alted with approval by the Court of Criminal AppsGs of Tsxam in the ease of Strin(iellow ~8.
State, 61 SW 719, It is held that by merrtage the xrm plaom hlm5alf in the same dagree,ot preptaqufty to al& the relatirer of his wife, alther affinity or oonra~$uimtiy, as rho actually stands towards them. This being true, the huaban&, during t&e litetlmo of the wife, was related to the mamDsr oi the l ehool board by arflnity in the seooti dogme. Doer this relstion- ship axiot after the death of the wife? Thl5 puemtion 18 anewered by the Court of Civil Appua~s in th* 0880 of Lewfe, 5t al ve. O’Eair, 130 SW and 399, ao folh~wer Asea3ror,
*Death of the spouee t%XWiiAattM the relation- ship by affinity! II, however tha maEbSaQfb ha8 rerulted in ierue uho are rtlil living; the rati- tlonsfilp bj’ arilnlty contlnues.n Also eee P C.J.
879i Strln@d.low vs. State, 6J. sv1 919; Page v6.
State, 22 Tzras hpp. 831.
Honorable Karl Cayton, Pm@ 4
Thl;: will a&vise you that your tir8t queetion ir
answered in the negative.
Rith reference to your scorn& and third que8tlon8, it UQ~ olearly the intention of that k3islature in ennot- Article &V!, supra, to prohibit the employment of perrona re- lated within tho prohibited degree, froic rentlering por8enal sonice whloh senloe8 were to be paid for, direotlr or in- directly, from publio The servloer to be reatIere6 irr funds. eaop of the lnetancee referred to in your second and third quefstione are not personal servloe8, but atie good8 or merslma- diet8 to be delivered in co~~plianoe with a oontraet to be enter- d into b&n-en th? sohool board and the ra8peatlve individuals e8 lmiependent oontrectorn. The oontraotor8 are net under the parsonal auper~lslon or the ummbers of the board, and the bear4 not interarted in how the obligatlan orsated the oontradt aimbarged, but are only lntareatad ln the rem108 obtainok
Nor do we believe the oontraat rererred to in hour letter, is atreated by Artlale 303 of the Penal Oode, a8 oontraot rererml to In that artlole are oontraot8 in tilah the county or city orrlosr ha6 a protlnlary intoro8t, and h88 nothing, v?hataaever to do with the so-called 9Iepotlu* law,
E+Wore, it 18 the oglnloa of.tlpio department that your sroond &xl third questtons should be answered ln the arrirmatlre.
Trusting that the above 8atlsfectoTlly umfer8 your question, we remain
Very truly your8 #i'TORliEY OEB?ERAL OB TXAS BY r#26LA& D. Burla Dad88 Ati8i8tWLt APPROVE OPINDN COMMIR’E B4!E!
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