e authorlty and duty oonstitution 0r thr State ‘presorlbed by the Conatl- cle 4 of the Constitution states that such OffiOer shall or may be required of him by and do such other OH’S nme as “kct.inG ‘Treasurer** acts and ttincs as the State Treasurer hicseli do. The legal acts and signatures might legally of mch Chief Clerk as Acriq Treasurer, ehal1 be as valid a8 the acts and signatures of the Treasurer hiceelf.”

Tbe authority of the Chier Cl;lrk to act in the place end atead of the State Treasurer, upon the happeni% by virtue of the presorlbed oondit’ons, therefore, erhte There le Involved no unoonstitutionel of tbe above etstuts. *2 . .

Hon. Charley Lookhart, June 0, 1939, Page 2.

Qeleg,atlon or deprivation of authority, for the authority Of the Treasurer and the duties Imposed upon him ere not derived from the Constitution, b*lt from the Legislature. The authority having been vested in the Legislature to presorlbe the dutlee to attach to the offioe of State Treasurer, there ie nothlne to prohlblt the Laglelature from authorizihg ) as it has In this not, the performance of those duties by the Chfef Clerk to the Treasurer, as Aotiq Treasurer, under the prescribe4 oodlltlons oontain- Pfeffer VB. Xahnke, et al (Comm. ed la the statute itself. of Appeals, Sea. 8; Opinion adopted by the Supreme Court), 260 s. X. 1031. adQised that, in the abaencr

You are, therefore, of the State tha Chief Clerk to the Treasurer Treasurer, h3s authority to slen his own name with the words wActin& State Treasurer” following his name, to the State of Texer Treasury Certlfiaates to be issued to the pepublio National Bank of Dalles, Texas, ooverlng Old Age A~sistanoe ?‘arrants submitted to the State Treasurer.

Youre very truly ATTORNEY GENXRAL C@ TEXAS m

R. B. FalrohllQ Assistant R-#F:WP

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ATTORNSY GEXERAL bF TEXAS