THEA ORNEY GENERAL 

OF%-EXAS 

AlJS1IN 11. TEXAS 

FVILL WILSON 

ATrORNEYDENERAL 

August 2, 1962 

Honorable W. C. Lindsey 

Criminal District Attorney 

Jefferson County 

Beaumont, Texas 

Opinion No. WW- 1411 

Re: Who is responsible for the 

June collection deposited in 

the fee account of suspended 

Sheriff C. H. “Charley” 

Dear Mr. Lindsey: Meyer and related questions. 

You have requested an opinion from this office on the following 

questions: 

1. Who is responsible for the June collections that were deposited to the C. H. “Charley’! Meyer account? 

2. Who should sign the checks to distribute the funds~now in 

that account? 

3. There was a shortage ip the Meyer account for which restitution has been made to the County and deposited in a special C. H. 

“Charlgy” Meyer account. However, these funds have not been disbursed. Who, now, has the authority to sign the checks to,disburse 

these funds,now in the C. H. “Charley” Meyer special fund? 

These questions grow out of the rem.o-;ral suit action instituted 

against C. H. “Charley” Meyer, the elected Sheriff of Jefferson County, 

Texas, and filed in the 60th Judicial District Court of Jefferson County, 

Texas, on March 27, 1961. On May 21, 1962, the State took a nonsuit 

in this case. The State, on May 31, 1962, filed a removal suit against 

C. H. “Charley ” Meyer in the 136th District Court of Jefferson County, 

Texas, and filed a motion for the suspension of C. H. “Charley” Meyer. 

Later that day, the defendant, C. H. “Charley” Meyer, filed a motion 

in the 60th District Court for the reinstatement of the State’s original 

removal suit, which motion was set for hearing on June 6, 1962. The 

Judge of the 136th District Court issued an order temporarily suspending 

C. H. “Charley ” Meyer as Sheriff of Jefferson County, Texas, and 

appointed Richard E. Culbertson to serve as Acting fjlvariff of Jefferson 
Honorable W. C. Lindsey, page 2 (WW-1411) 

County, Texas, on May 31, 1962. Later on the same day, an order 

was signed by the Judge of the 60th Judicial District Court, enjoining 

Culbertson from acting as Sheriff. 

Gn June 6, 1962, Judge Gary of the 60th Judicial District Court 

signed an order reinstating the original removal suit and thereby setting 

aside the nonsuit order that had been granted previously; also, he enjoined Culbertaon from acting as Sheriff. 

A writ of mandamus was granted by the Supreme Court of Texas 

in The State of Texas, ex rel. George Dis&an,~ e; al. v. Honorable 

Gordon D. Gary, District Judge, Tex. 

-’ (Sup. ct. . July 2, 1962). 

The Court,’ in its opinion, said, inzt: 

“We hold that the order purporting to reinstate 

Cause No. B-77,303 on the docket of the 60th District 

Court dated June 6, 1962, and the injunctive ancillary 

orders contained in the decree hearing on said date are 

nugatory and void for the reasons herein set forth and 

should accordingly be expunged from the records of said 

60th District Court. ” 

The above opinion holds that the 60th District Court’s temporary 

restraining order, enjoining and restraining Richard E. Culbertson from 

acting or purporting to act as Acting Sheriff of Jefferson County, is null 

and void and that the order of the 136th District Court, appointing him 

Acting Sheriff, is a valid order. 

C. H. “Charley” Meyer was the duly elected and legally qualified 

Sheriff of Jefferson County, ‘Texas, up to and on May 31, 1962, when the 

136th District Court, in Cause No. D-79, 254, ordered his suspension. 

On the same day, by order of the 60th District Court, the Acting Sheriff, 

appointed by order of the 136th District Court, was restrained from acting and C. H. “Charley” Meyer continued to occupy and carry out the 

duties of the office of Sheriff of Jefferson County, Texas, until the opinion 

of the Supreme Court on July 2, 1962. 

Duly elected officers suspended from office by a court of compe - 

tent j@sdiction, pending removal proceedings, are de jure officers. 

-- 

Attorney General’s Opinion WW-1064. Meyer collected fees due the 

office of Sheriff during this time period. 
- - 

Honorable W. C. Lindsey, page 3 (WW-1411) 

Article 6877, Vernon’s Civil Statutes, provides: 

“When any sheriff or any constable shall from 

any cause vacate his office, all unfinished business whatsoever in his hands shall be transferred to his successor, 

and be completed by him in the same manner as if commenced by himself. ” 

In answer to your questions, it is the opinion of this office that the 

fees collected by the DDE jure sheriff and currently carried in the C. H. 

“Charley” Meyer acc&Ge subject to be disbursed by and on the 

authority of the Acting Sheriff, Richard E. Culbertson, as unfinished 

business of the office of Sheriff when he assumed the office. Article 

6877, V. C. S., supra. All other unfinished business should be completed by the Acting Sheriff. 

SUMMARY 

Richard E. Culbertson, Acting Sheriff of Jefferson County, is the only~ person authorized to sign checks 

distributing funds collected by SuspendedSheriff, C. H. 

“Charley” Meyer, from May 31, 1962, to July 2, 1962. 

All other unfinished business left by C. H. “Charley” 

Meyer should.be completed by the Acting Sheriff. 

Very truly yours, 

WILL WILSON 

Attbrney General of Texas 

BY 

Charles R. Lind 

CRL/sh/Pe Assistant Attorney’General 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

J. Gordon Zuber 

Bill Colburn 

Ben Harrison 

W. 0. Shults 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Paaamore