Untitled Texas Attorney General Opinion ( 1943 )

484 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN =-GhIAW ~-~CWlUL The Oountr c18rk ill thi deputy Olerks in that offloe. offiO8X'8 s&iXy 1~18 a salary only the O0Ulit.y Olexk O? 1 0m08 after he 1s m, is he entitled to ty Olexk? . sea. 40, Art. 16, aonstitution de that no person shall hold ox mn8 tiae more than one offfoe of amolunmt, exoept that of Yurtloe oi the Pea00 CGPOtr cOJidSf3iOll~C, Blotaxy R8blio and Pooetma``8x, inoluding OertF&l rOSOn80 1x1 the ArrsJ hTY, 238, end retired peXDOlUIC& Of the Armf, kWJ an4 MarLo*. It Is arsummd the County Olerk rlll ontar the A- thI'oU@l SbleOtiTO 38X400, M(L Ronorable OoMdl~ 2 MOhy, %%tgO thoxefore, the quertlon is would he be an ottfasr oxsmpt under the Constitution fxim holding bin 01~11 oifioe and bein,% in the amy. Carpenter WI. Sheppard, 145 Ss8(2) 562, does not seem to br applloable to this situation but the reoent ds- olslon of the Supreme Court in the oase of Oxamx web Sheppard probably in in point. I do not hats this oa6s as yet. Vlth several 4eputle8 In th8 ofrioe the County Olsrk oould PerfoXmthe duties of ths of- iloo throu& and by them. *It Seem that if Judge Dixon in the axamx 0608 f8 a rOS8ftS @flO8? ill th. k of the United States, thca it lpi&t al80 be true xa t a selsotes 1s a xesoxve enlisted man, a8 I und*xHand, to tmrve ror the duration plus six raontha. -the?, it seem+ that under Title 94, Mllltla, every able bodied m~ils'ln Texas 1s in the Ressne Militia. 'PhaW let Rl8 haTs all OQilliOll frOIIi YOUXds- partaent ooono8ming these quostlons.* Zt is not speoltioally stated rlmther or not the * county olr*’ Is bsing Induoted lnto the military senloe 0r the United Staten a8 a private or a oome&mloned offloor, Bonever, In the absenoe of any raots to the aontrw we as- eume that the oounty olerk is being lndwted Into ths Aray as a private. Heretofore this dsparbent has rendered several opinions 011 questions rery similar to the one pxosented in faux lnqulr~. In oux opinion No, O-5017 It was held "that a person who was duly eleoted oounty olexk aad has sinso bean lnduotod Into the mllltary serrlos of the United States as a private Is antitled to qualif’y by flllng the required oath and bond".. In oux.opInlon lo. O-4873 it was held "that no provision o? the Texas Constltutlon or 8tatUtes prevents the private in the United Stat88 Amy from being a osndidate for elsotlon to the orrioe OS oouaty assessor-oolleotor or taxes. If such person be 8leOted to that offfioe, the faot alone t&t he Is a pxloats In the United Stat88 Army will not diequalify him to take and hold th8 oirioe snd Moeits the oompensation attaohed thereto.. See opinion Bo..O-3448, rsrerrrd to above.* 486 Eonorabls Oonnallr )1IoKatalr, %s 3 IJI +icr or tlw ror~oiog fop sr~ respSothl1~ adtlsod t&t it is our opinion that the taot alone that the , t oounty olerk is a private in ths United States will h&t not diaqtulte hir to hold suoh OfilOS and r808iTS th8 ODE ~satlon attaohed thereto. In sop rt of our summer to your qwstlon 10 dl- r root Tour attent.an to the following oplnloacl Nos. O-3448, 0465, O-50$7, O-4673 awl O-4599, so+ss of those opinlolu belly enolosedhwewttb.