jz, ,~ 

i t i 

p 

..\_ 

\ ‘- 

&I 

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. Ozwd map he bc 

areling expenses 

his regular saSaryt 

s Department oonaarning the abo following letterqt, 

has arisen, can 

com5ission or 

the State Departeivo 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 InFink 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? 

“2. Can I serve as a t;esjber of the 

convcfasion if I drew only my regntar salary but no travclinf: all~wrncc erOm the 

state of TexasP 

Your questions should bu anewred ir: the negatiTe. 

Seation 33 of Article XVI of the Constitution, 

insof’u as pertinent, IS 88 f0llOTSr 

@The aaoounting officers of this State 

shalt neither draw nor pay a warrant upon 

the .treasury in faror 0P any pemon, tar 

salary or uo~penertion as agent, 0Pftaer or 

S~pdH&G, vba hold6 rlt the SapLB tfSi:e SW 

other offLce or pos%tian of honor, trust or 

profit, udder this Stat8~ or the United States, 

l l +,* 

You, as an eniployee of the State Dapartaent of 

A@iCUl turt, rec%i~ve en annual salary end neuessary traveling 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 l eppeintee*, rithin the neaning 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 l position-* 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 DryaptEerrt 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 proposltion Is also true, zuxl, therefore, Yr. 

&ayes, uo long as he was the agent or appointee 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. 

l Therefore 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 ofPice of Lieutenant Govsrnar, he could 

3ot dron pay lor P_tther such 0Pt’ice or 

such p05ition.a (Gpinions Attorney General 1912-1914, p. 853).