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 constio dual offloe-holding. 

e President, by Ezecutive 

lonal War Labor Board, with 

ttle labor disputes uhich 

ontributes to the effective 

giving it not only broad but final 

ident's Executive Order No. 9260, of 

the powers, functions and duties 

ard by Eremtlve Order No. 9917, were 

confirmed and made applicable sto cover all industries aud 

all employees.* 

On January 21, 1943, the Tational War Labor Doard 

released its order establishiugc 

‘Twelve Regional Tar Labor Boards, with 

full authority to make final deaisions in 

labor disputes and iwolunta?y wage and salary adjustment oases are being established by 

the Rational War 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, employer and labor representatives as 

the Iiational Board. In addition the program 

calls for establishment of permauent tripartite 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 National War Labor Board in Uaahington, under the neu proeedure, will funotion as a supreme court for labor,disputee, 

reserving the 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 party will hare the right, within 

ten days after the issuance of a dixeotire 

order by a Regional Board, to petition to 

the Rational Board for a revieu of the o8se.s 

Further, we are advised that each member of the 

Regional Board 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. 

Section 40, 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 accounting officers of this State 

shall neither draw nor pay a warrant upon 

the treasury in favor of any person, for 

salary or oompeusation as agent, officer 
Honorable Robert 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 prescribed in 

this Constitution.* 

The exceptions do not include the office or 

position of the membership involved. 

Ve beg to advise that in our opinion membership 

in the Regional war Labor Doard does come within the prohibitions of the Constitution in both sections above quoted. 

The general oharactoristics of an office are, (a) 

that its incumbent exercises 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 position of member of the Regional War Labor 

Board has all the indicia of an office as contra-distinguished from an employment or other position whatsoever. While 

no one, or even more of the above indicia are conclusive in 

all cases, nevertheless each is persuasive. 

On June 2, 1242, the Attorney General of Louisiana 

held that service as a member of the Parish (county) Rationing Board (without compensation) where the member was required to take an oath of office, is an office within the meaning 

of the constitution of that state forbidding dual offioeholding. 

In the recent cases of Carpenter v. Sheppard, 1.46 

9. #. (2) 662, Spears 0. Sheppard, 160 S. PI. (2) 769, and 

Cramer v. Sheppard, 167 6. W. (2) 147, by our SUprem Court, 

the dual office-holdings involved were held to be within 

specific exceptions af the Constitution, and therefore not 

forbidden, thus emphasizing the necessity for such constitutional exceptions to take such Federal offices out of the 

prohibition of our Constitution. 

That membership in the 12egional War Labor Board, 

if not an office, is nevertheless a position of honor, trust 

and profit Uryzer the United States, within the meaning of 

Section 33, of Article XVI, of the Constitution above quoted, 
Sonorable Hobert D. Smither - Page 4 

is, we think, beyond oontroversy. 

This department has made many rulings uPon very 

similar, though not identical situations, as follows: 

The Lieutenant Governor may not hold the position 

of Professor of Journalism in the State University, and at 

the same time receive from the treasury compensation for his 

official .servioes. 

873). 

(Opinions Attorney General x912-1914, P. 

Other opinions deal with the question of scope of 

Section 33, Article XVI, involving the following dual 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 Civilian Defense membership. 

(Opinion No. 04642). 

State Representative and employment with Federal 

government as a printer under Civil Servioe. (Opinion No. 

0-364 2) l 

Employee as medical oonaultant in the Crippled 

Ohfldren*s Division of the Department of Education, and 

Director of the tlaternal and Child Bealth Division of the 

State Department of Dealth. (Opinion No. o-s)aa). 

State or county offioer and Supervisor in Soil Converaation District. (Opinion NO. O-3396). 

Texas State Board of Yedioal Examiners and special 

State aanger. (Opinion No. O-3946). 

Jlmployee of a State eleemosynary institution and 

of State Department of Public Welfare. (Opinion Ho. o-3961). 

Member State Board of Medical E!xaud.ners and a 

special State Uanger. (Opinion No. o-3046). 

&ember Board of Directors of the Texas College of 

Arts and Industries and County Superintendent of Public. Instruction. (Opinion No. 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