OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Eonorable Robert D. Smither County Attorney Walker county Buntsville,Texas Dear Dr. Ssdther: opinion HO. 0

for an opinion from above-captioned

sub of your request h respect to the

Rlembershipint **or** not its ooc tutional limit nature of the ard to see whether tible with our consti**o** dual offloe-holding.

e President,by Ezecutive lonal War Labor Board, with ttle labor disputes uhich ontributesto the effective giving it not only **broad** but final

ident's Executive Order No. 9260, of the powers, functionsand duties ard by Eremtlve Order No. 9917, were confirmedand made applicablesto cover all industriesaud all employees.*

On January 21, 1943, the Tational War Labor Doard released its order establishiugc

‘Twelve Regional Tar Labor Boards, with full authorityto make final deaisions in labor disputesand iwolunta?y wage and salary adjustmentoases are being established by the RationalWar Labor Board under a sreep-HOriOrable Robert R. Wither - page 2

ing decentralieation program announced today by the Board. sRach of the Regional Boards will be set up on the same tripartite system of public, employerand labor representatives as the Iiational

Board. In addition the program calls for establishment of permauenttripartite panels in all the maJoc cities of the United States to handle dispute oases, and to make recomeudations to the Regional Boards. l * 0 *The NationalWar Labor Board in Uaahington, under the neu proeedure, will funotion as a supreme court for labor,disputee, reservingthe right to revieu Regional Board deoisions on its motion or by granting a petition to appeal filed by one of the parties to a ease. l l e 'Any partywill hare **the** right, within ten days after the issuance of a dixeotire order by a RegionalBoard, to petition to the RationalBoard **for** a **revieu** of the o8se.s Further, we are advised that each member of the RegionalBoard is required to take an oath of office and to serve a ~~~xlmum time of four days monthly with resnmeration of $18.00 per day and expeuses.

Section40, of Article 5X1, of the Constitution, deolarest slio

person shall hold or exercise,at the same time, more than one ciril office of emoluments, (except certain enumerated offioes aud positions). tiembership

in such a board is not named in the exceptions.

Se&ion 33 of the same Article declares: 'The accountingofficers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person, for salary or oompeusation as agent, officerHonorableRobert D. Slither - page S

or appointee,

who holds at the same time any other office or position of honor, trust or profit,under this State or the United States, except as prescribedin this Constitution.* The exceptions

do not include the office or positionof the membershipinvolved.

Ve beg to advise that in our opinionmembership in the Regionalwar Labor Doard does come within the prohibitionsof the Constitutionin both sectionsabove quoted.

The general oharactoristics **of** an office are, (a) that its incumbentexercises some portion of the sovereign pmer of the State; (42 Am. Jur. p. 832, Sec. 4); (b) that ;sf3emb&aees

the idea of tenure and duration; (c) (ibid, p. o. G)l and (d) that it embraces the further idea of fee: or compensation;(ibid.p. 884, SAC, 6).

The positionof member of the RegionalWar Labor Board has all the indicia of an office as contra-distinguished from an employmentor other positionwhatsoever. While no one, or even more of the above indicia are conclusivein all cases, neverthelesseach is persuasive.

On June 2, 1242, the Attorney General of Louisiana held that serviceas a member of the Parish (county)Rationing Board (withoutcompensation) where the member was required to take an oath of office, is an office within the meaning of the constitution of that state forbiddingdual offioeholding. In the recent cases of Carpenterv. Sheppard, 1.46 9. #. (2) 662, Spears 0. Sheppard, 160 S. PI. (2) 769, and Cramerv. Sheppard,167 6. W. (2) 147, by our **SUprem** Court, the dual office-holdings involved were held to be within specificexceptionsaf the Constitution, and therefore

not forbidden,thus emphasizingthe necessity for such constitutional exceptionsto take such Federal offices out of the prohibition

of our Constitution. That membershipin the 12egional War Labor Board, if not an office, is neverthelessa position of honor, trust and profit Uryzer

the United States, within the meaning of Section 33, of Article XVI, of the Constitutionabove quoted,SonorableHobert D. Smither - Page 4

is, we think, beyond oontroversy.

This departmenthas made many rulings uPon very similar,thoughnot identical situations, as follows: The Lieutenant Governor may not hold the position of Professorof Journalismin the State University,and at **the same**  **time receive**  from the **treasury** compensation for his official.servioes. 873). (Opinions AttorneyGeneral x912-1914,P.

Other opinionsdeal with the questionof scope of Section 33, ArticleXVI, involving the followingdual services*

Head of Department of Genetics of the A. & U. Dallege and State Seed and Plant Board membership. (Opinion Ho. 04662). **A** State officer and CivilianDefense **membership.** (OpinionNo. 04642).

State Representative and employment

with Federal governmentas a printerunder Civil Servioe. (Opinion No.

0-36 42 ) l Employee as medical oonaultantin the Crippled Ohfldren*s

Division of the Department of Education,and Director of the tlaternal and Child Bealth Division of the StateDepartmentof Dealth. (OpinionNo. o-s)aa).

State or county offioer and Supervisorin Soil ConveraationDistrict. (OpinionNO. O-3396).

Texas State Board of Yedioal **Examiners** and special State aanger. (OpinionNo. O-3946).

Jlmployee

of a State eleemosynary institutionand of State Departmentof Public Welfare. (OpinionHo. o-3961).

Member State Board of Medical E!xaud.ners and a special State Uanger. (OpinionNo. o-3046).

&ember Board of Directors of the Texas College of Arts and Industriesand County Superintendent of Public.

Instruction. (OpinionNo. 0-2SQl).iionorable nobert D, sstither - page 5.

Old Age Assistance investigator and employee State Dcpartnent of Public Welfare. (Opinion No. o-2701).

Inspector for the Texas Liquor Control Board and trustee of an indeperbient sohool tistrict. **(Opinion NO.**  O-2628).

of local tration. **l&suber** County Board of Soho Trustees and member

oornrmnity

comrldttee

Agrioultursl Aaadjustnlent Aaudnis- (Opinion NO. O-2226).
inquiry, Trusting that what we hare said fully ansuers your

we are
Very truly yours