AUSTIN ~.TExAs PRICE DANIEL ATTORNEY

GENERAL January 28, 1949

Hon. F. B. Caudle County Attorney Frenklin County MountVernon, Texas Opinion 180,V-761. Re: Theperiod of an appointment to fill a vacencg in the office of Dlstpict Clerk; samehaving been madeafter the last general election andbefore the next tern to which the deceased hadbeen elected. Dear Sir: Reference is madeto goup recent request which reads in substance as follows:

“The District ~Clerk of Franklin County, whowas reelected at the NovemberElection, 1948, died thereafter on the 15th. of Hovembep, 198~ The twoDistrict Judges. 0 0 madean appointment as provided by law; an6 the appointee accepted and qualifier%.

“Does the appointment filling the vacancy of the District Clerk8s Office pun to the next Genepal Election, 1950; op since the vacancy and appointment occuPed between the General EIection antithe following Jan. 1, is it necessary that there be an appointment OP reappointment as of Jan. 1, 1949. In other words whendoes the appointment expFPe? Art. XVI, Sec. 27 of the State Constitution proviaes aa follows:

“In all elections to fill vacancies of office in this State, it”shall be to fill the unexpired term only, Art. 1895, V. C. S., provides as 

### follows".Hon. F. B. Caudle, page 2 (V-761)

%he~ve~ a vrcaney oceura tn the office of district clerk, It shall be filled by thii district judge of such c6unty; and such appointee shall give bond and qualify andmayhold his officd until the next general election. Wherea vacsney occurs in a count.. having two or more district courts, the vacency shall be filled by the judges of such courts; and if they fall’ to agree, the Governor, upon the certificate of suoh judges, shall opde; a special election to fill such vacancy. Weham been unable to f1nd.a case where the courts have 

### passed upon this specific qriestion. However, in the case of Dobklns v, Reece, 

### 17S,U. (26) 81 

### (Writof &TOP Refurod), in construing slmlla~ statutory and constitutional ppovisionr we find the followingn

“This appeal involves a eonteat ovep the office of sheriff of Cpoke aounty. Jake Wright was the duly lectrd and sating sheriff of Cooke oounty

’ **OP** the ten br&.inln Januspy ,l, 1927, 

### and indlng January 1, 

### ,19 s

### 9. mart, 

### 1929 ~’ He

### wasduy nominatscl duriag ‘the Jgly phi-

, andwa.8reelected at the-succeeding general eiection, lovembor 6, 1928. On 

### Deceibrr12, 1928, he died, without having qualified under his newterm, OnDecember 14, 1928;tho county oommirr~onr~s~ coin% elected or appbinted Jonathaii Dobkins aa sherl;ff , whobappenod to ba at the time of his appointment a memberof the oommlssionei9 9couiit, but, as-‘he testified; did not participate iii the appointment, andwas not present thereat,

” e * e

‘Dibkinr filed hll 

### bondon the 14th of December, ~1928, and qualified 

### andentaped upon the. dutie,s of his offior. It so happen.6 that the po~~onnol of the cotissionem9court changed on

### JmuaPy 1, 1929, and two of the former membersretirbd, and two newnembem qualified. OnJaniiapy 2, 1929, the matter~~of the election OPappointment of a shoplff again wa8conaldored **by** the ooxas.Lsaloners 1cow?t, andAte Weeeewarnelected, 0 0 eHon. F. B. Caudle, page 

### 3 (V-761)

“The two questions which wethink me important ,andinvolved in this case aPe8 (1) Wasthe original appointment by the commissioners 1court of Dobkins merely for the unexplped temn ending December 

### 31,1928,and not including the’tepm beginning January 1, 1929, or, did the appointment extend to the two succeeding years, anduntil December 

### 31, 1930, or January 1, 19317

“The Constitution. 1iPllts the term of the sheriff to two years. Hecannot be elected for two terms at the sameelection, a fortiorl, h6 cannot be appointed fop two terms, OF a pa& of one term andwhole of the succeeding term at one end the same time. whenthe duration OF term of an office la a question of doubt OFuncertainty, the interpretation should be followed which limits such office to the shortest term. Wright v. Adams, 45 Tex. 134, Other authoritles might be cited, but webelieve in the discussion heretofore sufficient has been said to showthat in our opinion the appellantOa term under his appointment in December, 1928, had expired at the time the election was had by the eommiasionePsB court on Januuy 2, 1929, If such view be correct, then it follows that a vacancy existed, for the newterm of two yeapa foP which the deceased, JakGWright, had been elected by the voters of **Cooke** couI1tr, -4 that the commissioners0 cauPt had authorsity to fill such vacancy, In view of the foregoing it IS oup Opinion that~~the appointment of the District Clerk expires on Januaxy 1, 199.

However, Art. XVI, Sec. 17, provides that” !A11 officers within this State shall continue to perform the duties of their offices untii their successors shall be duly qualified.Hono**F.** B. Caudls, page 4 (v-761)

Art. 18, v. CoS., pPovl&es in part as Sollowsn 'Each officer, whether elected OP appointed under the laws of this State, and each Commissioner, or memberof anyboard or commission created by the laws of this State, shall hold his office for the term pxWride&by law and until his successor ii elected or appointed and quallfiesp 0 0 0 It is apparent from the Sopegoing that the present District Clerk shall continue to sot until his successor is appointed and qualifies,

Wherethe Distriot Clerk of Fpanklih County was reelected to succeed himself at the Bovember election 1948, died on the 15th of Bovember, 1948, and the District Judges madean appointment to Sill the vacancy a6 provided by law, said appointment expired on the first day of January, 1949, Apta XVI, Sec. 27 of the State Const,? Apt, (2dy,8y1 C, S.8 Dobkins ve Reece, 17 SoW,

vwy truly youPs, ATTORBEY

GgagRALOFTEXAS

BA:bh Assistant