484 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

=-GhIAW 

~-~CWlUL 

c18rk ill 

The Oountr 

thi deputy Olerks 

in that offloe. 

offiO8X'8 s&iXy 

1~18 a salary only 

the O0Ulit.y Olexk O? 

1 0m08 after he 1s 

m, is he entitled to 

ty Olexk? . 

sea. 40, Art. 16, aonstitution 

de that no person shall hold ox 

mn8 tiae more than one offfoe of 

amolunmt, exoept that of Yurtloe oi the Pea00 

CGPOtr cOJidSf3iOll~C, Blotaxy R8blio and Pooetma~~8x, 

inoluding OertF&l rOSOn80 1x1 the ArrsJ hTY, 

238, end retired peXDOlUIC& Of the Armf, kWJ 

an4 MarLo*. It Is arsummd the County Olerk rlll 

ontar the A- thI'oU@l SbleOtiTO 38X400, M(L 
Ronorable OoMdl~ MOhy, %%tgO 2 

thoxefore, the quertlon is would he be an ottfasr 

oxsmpt under the Constitution fxim holding bin 

01~11 oifioe and bein,% in the amy. Carpenter 

WI. Sheppard, 145 Ss8(2) 562, does not seem to br 

applloable to this situation but the reoent dsolslon of the Supreme Court in the oase of Oxamx 

web Sheppard probably in in point. I do not hats 

this oa6s as yet. 

Vlth several 4eputle8 In th8 ofrioe the 

County Olsrk oould PerfoXmthe duties of ths ofiloo throu& and by them. 

*It Seem that if Judge Dixon in the axamx 

0608 f8 a rOS8ftS @flO8? ill th. k 

xa 

of the United 

States, thca it lpi&t al80 be true t a selsotes 

1s a xesoxve enlisted man, a8 I und*xHand, to 

tmrve ror the duration plus six raontha. -the?, 

it seem+ that under Title 94, Mllltla, every able 

bodied m~ils'ln Texas 1s in the Ressne Militia. 

'PhaW let Rl8 haTs all OQilliOll frOIIi YOUX dspartaent ooono8ming these quostlons.* 

Zt is not speoltioally stated rlmther or not the * 

county olr*’ Is bsing Induoted lnto the military senloe 0r 

the United Staten a8 a private or a oome&mloned offloor, 

Bonever, In the absenoe of any raots to the aontrw we aseume that the oounty olerk is being lndwted Into ths Aray 

as a private. 

Heretofore this dsparbent has rendered several 

opinions 011 questions rery similar to the one pxosented in 

faux lnqulr~. In oux opinion No, O-5017 It was held "that 

a person who was duly eleoted oounty olexk aad has sinso 

bean lnduotod Into the mllltary serrlos of the United States 

as a private Is antitled to qualif’y by flllng the required 

oath and bond".. 

In oux.opInlon lo. O-4873 it was held "that no 

provision o? the Texas Constltutlon or 8tatUtes prevents the 

private in the United Stat88 Amy from being a osndidate for 

elsotlon to the orrioe OS oouaty assessor-oolleotor or taxes. 

If such person be 8leOted to that offfioe, the faot alone t&t 

he Is a pxloats In the United Stat88 Army will not diequalify 

him to take and hold th8 oirioe snd Moeits the oompensation 

attaohed thereto.. See opinion Bo..O-3448, rsrerrrd to above.* 
486 

, 

t 

Eonorabls Oonnallr )1IoKatalr, %s 3 

IJI +icr or tlw ror~oiog fop sr~ respSothl1~ 

adtlsod t&t it is our opinion that the taot alone that the 

oounty olerk is a private in ths United States h&t will 

not diaqtulte hir to hold suoh OfilOS and r808iTS th8 ODE 

~satlon attaohed thereto. 

In sop rt of our summer to your qwstlon 10 dlroot Tour attent.an r to the following oplnloacl Nos. O-3448, 

0465, O-50$7, O-4673 awl O-4599, so+ss of those opinlolu 

belly enolosed hwewttb.