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r, OFFXCE OF THE AITORNEY GENERAL OF TEXAS
t AUSTIN
Bonorable P. 33. Edwarda, Chairman,
State Pink BoXlTorm CoaanLssion
P. 0. BOS I.581
San hntonio, Taras
Dear kr. Edmwds: OpiniOB @O. O-
zwd map he bc
areling expenses
his regular saSaryt
s Department oon-
aarning the abo following letterqt,
has arisen, can
com5ission or
the State Depart-
eivo an annual
lug espmsee. I
er of the Texas
1 do not receive
ry aa P m%ber of the
ere not a lsember of the.
uld be rty duty as Chief In-
Fink Bollror% Division oT tbe
nt 0P Agriculture to attend
hearings of the Pink Uollaorra Comlssion to
give expert testimny ana roald, of ccurm,
receive a regular salary and expenses. The
questions aret
'1. Can I smve as a cret;;bor Gf' ehe Stats
Pink Boll~rorr CoMILission while being elrploy&
by ths State Department ot' AgriouIturs, and
Bonarable 8, 8. EdranisI GhaintPn, page 2
draw nq regular salary sn3 nece8saFy
traveling expenses?
Can I serve as a t;esjber of the
“2.
convcfasionif I drew only my regntar sal-
ary but no travclinf: all~wrncc erOm the
state of TexasP
Your questions should bu anewred ir: the nega-
tiTe.
Seation 33 of Article XVI of the Constitution,
insof’u as pertinent, IS 88 f0llOTSr
shalt
@The aaoounting
neither
the .treasury in faror
salary
S~pdH&G,
or uo~penertion
other offLce
profit,
l l
vba hold6
officers of this State
draw nor pay a warrant upon
0P any pemon,
rlt the SapLB tfSi:e
or pos%tian of honor,
udder this Stat8~ or the United
+,*
SW
trust or
States,
tar
as agent, 0Pftaer
or
You, as an eniployee of the State Dapartaent of
A@iCUl turt, rec%i~ve en annual salary end neuessary travel-
ing expenses which are, of course, paid out OP the State
treasury upon the warrant of the amounting ofPicers OS the
State. You areI thercfor~e, an leppeintee*, rithin the nean-
ing of Section 33,
2lec~berahI.p in the State F-ink Bollwarm Ccmassion
is, we think, an office under this State, but ah~ether so OP
not it is at least a lposition-* of honor and trust, within
the u.oaniug of Yecticn 3.3, and the drawing or payment of a
warrant uyc;n the treasury in pour favor on account af either
offioe, appointmnt cr position is plainly Portidder: during
the tir;e tie ~10 occupies such dual pGSitiOn6.
This has been the uairorra hoMing ul” this Dryapt-
Eerrt for &any years, beginniug perbaps aith the celebrated
holUng of First Assistant C. LL. Cureton, the late Chief
Justi UP thz r;u>rci;.c Court, in the aatter of Lieut.enant
Governor Will 5. kagts’ servin:: as Prcf ee%:cr OC Jourr:allsm
in the StatC Unip+PSity, While at tb5 sawe $in:c I~aldlng his
dPi.ce of iAcut~mar!t tiev3rmr uf Texas, in the ciurse of
which ocinicn Judge Curetoo said:
sonorable ii. B. Edwards, Chairman, pitge 3
#It is very clear, thereeorz, that b;r.
byea so long as he is Lieutenant Gofernor
could not under the Constltutlr’m drw pay
Proru the State, ns (3) ng:?nt, (2) officer,
(3) appointee of thr Stat*.
‘As we hape before endeavorel to shoa
that a professor in the University of Texas
is an appointee, or ia a liaited sense an
agent, A@. )tayos could,not draw a salary
Pron the State as Professor of Journalist
in &ha University.
*rite aonveroe of the above proposl-
tion Is also true, zuxl, therefore, Yr.
&ayes, uo long as he was the agent or ap-
pointee of the stat4 aa a Professor of
Journ;llise in the Unltersitg, couki not
draw his pay as Lieutenant Cio~ernor of
the State, that baing an offic43 rithin
the meanin 0P the Constitution.
lTherefore should &‘A-. Lnyes accept
the position of PraPessor aP Journalism
in the University ami at the s91ce t&w
hold ami esercisc tha dut.ties OP the of-
Pice of Lieutenant Govsrnar, he could
3ot dron pay lor P_tther such 0Pt’ice or
such p05ition.a (Gpinions Attorney Gener-
al 1912-1914, p. 853).