RonorableWilliam J. Lawson

Secretary.ofState, Austin, Texaa Dear Mr. Lawson: CpinionRo. CL4940
Re: The authority of the Secretary of State to cancel a Rotary commission.
We acknowledgereceipt of your letter as follows: "We havd~~~eceived

in this office a request from Hon. ~Rugene

F. Harrell to cancel Rotary Commissionissuectto.A. L. Guest of Lamar County. The reason for the request for cancellationis an allegationbjr

Judge Rarrell that the said A. L. Guest forged the name of affiants to two affidavits. The affidavitsthus allegedlyforged are in my possesalonnow. "The Constitutional Amendmentaltering the manner of appointmentof Rotaries Public failed to provide for a manner of cancellation. Under the originalmanner of appointment,the Rotary being commissioned by the Governor and confirmed by the Senate, it was necessary that he be impeached as any other public officer.
"I am, therefore,requestingyour opinion as to the manner and form that a Rotary Commission may be renderedvoid, the questionbeing, Does the Secretaryof State have authority to cancel such Commission? If such authority is present, is a trial or hearing necessary?" Section 26, ~ofArticle IV, of the Constitution, as amended November 5, 1940, is as follows:

"(a) The Secretaryof State shall appoint a convenientnumber of Rotaries Public for each county who shall perform such duties as nowHonorableWilllam J. Lawson - page 2, (O-4940)

are or may be prescribedby law. The qualifications of Notaries Public shall be prescribed by law. "(b) Nothing herein shall affect the terms of office of Notaries Public who have qualifiedfor the present term prior to the taking effect of this amendment. "(c) Should the Legislatureenact an enabling law hereto in anticipationof the adoption of this amendment, such law shall not be invalidby reason of its anticipatory character. Sec. 26, Art. IV, adopted election Nov. 5, 1940." Article 5949, of the Revised Civil Statutes,as amendedby the 47th Legislature,Is as follows:

"The Secretaryof State of the State of Texas shall appoint a convenientnumber of notariespublic for each county. Notaries public may be appointedat any time, but the terms of all notariea public shall end on June first of each odd numbered year. To be elfglble for appointmentaa notary public, a person shall be at least twenty-one (21) years of age and a resident of the county for which he is appointed;provided,however, that where such person resides within the limits of any incorporatedcity, town, or village located in two counties, said person may be appointednotary public for either such couutg." It will thus be seen that a Rotary Public is a constitutional

officer,under the State, with a definite, fixed tenure, and as such he may not be removed from office except in some manuer providedby law.

Article 5988, of the Revised Civil Statutes,provides that:

"Any Notary Public indicted for and convicted of any willful neglect of duty or official misconduct shall be removed from office. The order for his removal shall In each instancebe embodied in the judgment of the court."HonorableWilliam J. Lawson - page 3, (O-4940)

Title 111, of the Revised Civil Statutes,covering QUO WARRARTO,provides for the removal of any officer whose acts by law work a forfeitureof his office. Other than these provisions,there appears to be no method of removal of a Rotary Public.

Definitely,there appears to be no provision of law that the Secretaryof State may cancel a Rotary commission upon the request of anyone.

Moreover,we find no authority in any event exists in the Secretaryof Stats to remove a Rotary Public from office, or to cancel the commissionpreviouslyissued to him. Very truly yours ATTORNEY GERERAL OF TFXA3 By /a/ Ocie 3peer

Ocie Spoor Assistant OS-WI-EAC APPROVED OCT 29, 1942

/s/ Gerald C. Mann ATTORRFYGERERAL OF TEXA3 APPROVED OPINIOR COMMITTEE By B.W.B. cYzlmar