Untitled Texas Attorney General Opinion ( 1939 )

Eon. ii.L. 2rnstrong
Coucty ad?tor
Toa Greoa County
Lam xlgal0, TtxM
kar Zr. :asqtrougr
cpialoo zo. o-61
Ro, couaty Tro88tuor'8 coo-
peasation-payobloto
8uoeo.srtor for th* tam.
I beg to aciznowledgs reaetpt of y&r lot:.orof
Jwiuery 7th, dotaillag rather lengthy the hiStory or tho
otfioo of,Count7 Treantror or your omty, &modintelp suo-
ooediag tho 5th dor Of May. 1934, together with enolosur88
takan ?rom the retord8 of tho miautes M thy Ccxauls=lonera
Court during;the roar’,1934.
The ORSOoi Tom Croon County ~8. J. A. Hotby,
ldministratm of t&w J. Z. !ia.rper
eatata, as &uud Ln 118
F.4(etd)306, to nhloh you roforrod ln pur letter, 18 slao
considered along with the Orders, 2nd I hara further noted
tho aotter a8 contained ln the acse of !:otley~'9.3~ Sroen
county, 93 'if(2nd) 708, by the Ccnwt oi Civil Jg,pe~la. In
the light of tho above Ordors and ease your ruestlirnto thi8
toprrtamt reeds 98 tollow8:
*Is tha county liable, under sjmcial clrotac-
otnncee, isr any OddittQBol 093unt a8 ?rr~3auror*8
o(rL;~is:.l~ct!mt would prcsduam a tote1 mnuol ex-
n lxceO8 of t&e P2OOO.OQ asrtmum ;rs-
p e x ll.tnrLe
rcribnd by larr"*
fho above quostfoa, it appears that
In amweriag
the fotloti~ and rootion of the Cons~itutlonfully
3tatote8
sot out, ::uotedin full in tho opinisn o'tthe Sdugrcm Court
in TQ Croon County '18. Xotloy, augra; krtiale 16, Leotion
-.-
w.-------“ ‘- * ,*;_ ..~,-
Hon. R. L. Armstrong, January 20, 1939, Page 2
44 of the Constitution;Article 3941, Revised Statutes of
1925; Article 3943, Vernon's Annotated Civil Statutes.
The Court points out that the above articles, while being
recodifiedunder a revision of the statutes since 1934
they are substantiallythe same as the former articles.
From the Tom Green County vs , Notley case rendered by the
Commission OS Appeals OS Texas, Section A and adopted by
the Supreme Court and the facts as related, the order Six-
ing the.compensationwas fixed for the term of the deceased
treasurer in August 1933. Until that order was changed by
the Commissioners1Court seme remained the basis upon which
the compensationallowed that office was to be fixed.
Clearly the resolution or order of Uay 26, 1934, made no
attempt to change the amount OS percentage upon which the
compensationof the office was fixed under the 1933 order.
Bastrop County vs. Hearn, 8 S.W. 302.
The deceased treasurer having drawn an annual
compensationfixed by order of the Commissioners1Court
in August 1933, the resolution of September li, 1934, Ixhib-
it E attached to your letter was not effective to change
this rate of compensation. 3s I do not believe it can be
interpreted in any manne.rother than limitinq the maximum
amount of compensation,cl* m order would be invalid,
Greer vs. Runt County, 249 SY?831.
The above conclusions,in my opinion, were defin-
itely and impliedly held by the Commission OS Appeals OS
Texas, section a, when it passed upon the case, opinion ren-
dered by CommissionerEickman. In that opinion will be
found reference to Article ~1707,Revised Statutes of 1925,
which reads as Sollows:~
"Vacancy, how filled.--In case OS vacancy in
the office of the county treasurer,the commission-
ers court of the county in which such vacancy OC-
curs shall Sill such vacancy by appointment,such
appointmentto be made by a majority vote of the
commissionerspresent, at a regular or special term
of such court. Such appointment shall continue in
force until the next general election.W
In my opinion, dispositionof the additional claim
to George A. Bond, as presented to your Commissioners*Court
for additional.compensation would be controlled by the SOllOw-
,
..__
,
Son. h. 5. .~mstrw.tg,January 20, 1939, Fags 3
ikuJlaaguogeuaod:
*The polioy of the law, a6 nfleated both
by the Coastltutlos sa4 the 8t8tutao. is the:
there be aa vaaaoy in the otilor of aOUnty
trrasur8r. TO emfoiT1pmd-slant that 00aQitlon
arising lhea thuro 18 a ohaagm of pmrsorml the
Conatftutioa zwmidee that the trouurer etull
mame until hia mmuesaor has culffird. It is
also tho policy of the law, uid obriuusly 4
round publie poliof, that mob o?iioer reeeiao
Juot acqwnastioa for his serv'io08.~
~8 I us unsblo to iLad say almsat of e8toRpel or
any ww& rum mht tha 8ueamding eaunty troasuror should
bo dooied hla proporticask part of t&o oenod ompenoatloa
fo rth e ma rla wh io h helrved, I am of the oplnMa undor
the oiraummtanaes end hats oft&a oam that the $1,315&7,
r&loh aaottntunder the ClciaiOns UES l.qxUttdl~ hid to bo
1e;ally dum oh kont, ehould hat. been the total ez@unt of
oospensotion actually ollowd hln rcr the year 1934.
Tmsthgthat tho rb& I8 sufflulent to ansrer
your m*sti6m, I mmia
hsiatant