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.
Untitled Texas Attorney General Opinion
Combined Opinion