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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
**AUSTIN**

Janunry 27, 1939

Hon. Thomas L. Rlanton, Jr. County Attorney Shackelford~County Albany, Texas !\ ;, ---. \ Dear Sir: ,/' \ -~.+ i,

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. .'.. Opinioli

x0. 0-6s.y -,\ "..\ Re: In S!laokolford County: ",. ) (1) Isit legal,for county to'Say sianogrsphar,forCounty J&a ,Tro31 General PUnd? (2) 3ow may deputlos, assistants, e,to. of Sheriff*s and Clerk's offices be ;laid?

**~~kii3 tit?purt:atnt**  **ackroxledge& receipt**  **ter of**  Janucrg 6th,T:<hiah raises the questions and reqtieSt.8

onr,cpinionthereon. or 7our letstatedabove,

Vr::ith raferenoe to the:tirst question,you are 

### respeotrully~.referred tothe provisions of Article 3891, R. c. S.,asemendod. ,,I' In partit provides: / '-\ / ,I''%&~.Officer named in this ohanter shall i rirst out/o&the current fees of his-offloe pay ‘x,~or%be

paid the.~amount

allowed him under the pro- -visionsof ilrtiole3883, together with the Salariesof his assistants and deputies, and nuthorized..expenses'under Artiole 3899, and the amount necessary to cover oosts or premium on whatever surety bondmay be requlrod by law. If the ourrent recs of such Office collected in eny year be more than the amount needed to pay the amounts above speoificd, same shall be deemed exoess fees and shall be disposed of in the manner herelnaitei* provided." r- -. i :

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In addition, you are referred to Artiole 3899, R. C.

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Hon. Thomas L. Blanton, Jr., January 27, 1939, Page 2

S.,amanded, relating to monthly expense accounts, reading in part as roilons:

The amount of such expenses, togetherwith the amount or salariespaid to assistants,deputies and olerks shall be paid out of the fees earned by suoh orrloer.* There are two olearly defined provisions of the statutes oontsined In Title 61 of the Revised Civil Statutes, one applicable to countieswherein officers are compensated on a fee basis, the otherwhere oompensation is providedunder the salary syotem. From inquiry :nade to tha Comptroller, we are advised that ijhaokelford Ccunty is a "fen"county with a population of 6,695 and property valuation of $6,842,790.

:'hereis,'in view of the statutes quoted above general law authorizing the pmployment of a stenographer'f~~ the oounty judgeand payment of salary rron the general fund. If there is any special law applicable to ShaokelfordCounty, or those oovnties fellingwithin a populetion or property valuation bracketwhich vould apply to ShackelfordCounty, ye are unabla to find it. 1 You are, therefore,advised that there is no legal authority for payment of the county judge's stenographerfrom the general fund.

The supplementalletter opinion written you on Deoember 21, 1938 by hssfstantAttorney General Be S. Gray is withdrawn, and speolficallyoverruled.

Xith reference to salaries of deputies, assistants, eto. of the sheriff'sand alerk's offices, it is our opinion the provisions of Artlolas 3891 and 3a99,supra.likewiseapply and their oompensationmust be derived from fees Of the of- \ ri0ss. 'l/e

have your inquiries for oplnlons relative to transfers of oertaln funds enumerated in your other letters dated January 6th. :J;'e beg to advise that the complicated questions therein raised nre reoelving our considerationand

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Hon. Thomas L. Blanton, Jr., January 27, 1939, page 3

will be answered at the aarlle,st possible time wa oan digest the authoritiesand reaoh OUToonol~~lon~ Very truly yours