San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-09-17
IT Is ILLEGAL.
SANTLEBEN AND ANDERSON MUST
LET GO.
Water Cannot Be Carried Success
fully on Both sh"uldars-De-
'cision on the e.. gis-
trar Case.

County Judge McAllister this morning
had not received the opinion of the attor-
ney general in regard to his inquiry as to
the legality of Alderman Santleben hold
ing at the same time the office of registrar
of BeXar county. The opinion, however,
was made public last night and reads as
follows:
Assuming that some salary or compen-
sation is attached to the office of alder
man, you are respectfully advised that
the two offices mentioned cannot be held
and exercised at the same time by the
same persons. Our constitution in the
fortieth section of the sixteenth article
provides.
mo person shall hold or exercise at the
same time more than one civil'office of
emolument except that OF justice of the
peace, county commissioner, notary public
and postmaster unless otherwise specially
provided herein"
No further exception necessary to be no.
ticed has been specially provided in the
coStitution. IL therefore the two offices
inquired about are civil offices to emolu-
ment there can be no donbt that one per-
son cannot hold both concurrently. The
office of alderman Is created by the Spe-
cial act amending the charter of the city
| of San Antonio, and II any salary is at
tached TO IL undoubtedly it Is civil
office Of emoument. That it is a NUM-
| cipal Office can make no difference.
The municipal office was instituted by
| the legislature, and while it endows the
| people IA the territorial limits of the cor
poration with certain powers of local sci
| government, it is still an agency and in
| Strumentality Of the state deriving all its
powers from the legislature. Its Salaried
| officers are as much civil officers emOlu-
| ment as any county or state office, and no
reason can be conceived why the consti-
| tuition should not apply through the sec
| ton cited to each aud all of such offices.
The office of registrar of voters was
created by the said act of the last special
session of the legislature, and the quail
| ticationS, duties, compensation, oath ana
/ term OF Office of the officers prescribed. 1t
| is undoubtedly a civil office of emolument
within the meaning OF the constitution;
Before it could he claimed that the
| office Of alderman is not within the
| meaning of the constitutional inhibition,
| the section of the constitution cited
| would have to be held not to apply to
municipal offices. Our supreme court
has never so held, although it had an
opportunity Of deciding the question in
the case of the state VS.. Brinkerhoff, 66
Texas, page Is. In that case 1t was
deemed unnecessary TO consider the
| question.
In view of the general and competent
| Sive language employed and the excep-
lions expressly made in the section of the
\ constitution cited; and the absence of any
| direct ruling of the supreme court, this
department feels unauthorized to hold so
| important provision of the constitution
inapplicable TO any class of civil offices of
emoluments and you are therefore ad
| viSed that If our assumption that an al
| derman OF San Antonio receives compen-
| SatiGn be correct, one person can not. at
| the same time hold and exercise the two
| offices mentioned. The acceptance of the
| second office ipSo tacto vacateS the one
| previously held, and the vacancy should
| be filled as the law directs.
| JAlderman Santleben is out of the city
and will not return before Monday.
Judge McAlister says he will officially
notify the gentleman of this ruling, after
which he expects Mr.. Santeben will re-
| sign one or the other Office.
The ruling in general was received
| among our citizens with great satiSfac-
ton, although they feel outraged at the
hasty actisn of the authorities In appoint
| ing the registrar first and looking for an
official opinion afterward. A good deal Of
comment was also made on the similar
case of Alderman Anderson, who holds
federal position as well.