Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1906-05-08
ABOUT DISTRICT cLHRKsnIPs.
Judge Burlington Cites the Constitution
NO Change In Grimes.

Noting the opinion from the AZ
torney generals department with
reference to the adjustment Of the
Office Of district clerk in those
counties whose vote for governor
| in 1904 fell below the required
number, the editor Of the Exami'
ner- Review wrote a letter to Coun-
" Judge Burlington making in
quiry as TO the effect such decis-
| ion would have in Grimes county,
and the following reply was re-
ceived:
Anderson, Texas, May, 4, 1906.
The clipping sent me, which
return herewith, is chiefly remark
able to my mind for what the at.
torney general did not say; at least
/ suppose so, as / have have only
seen newspaper reports Of that Of
ficiaPs opinion.
Our constitution provides in Art.
8, Sec. 20, as follows: provided
that in counties having popula-
ton Of less than 5000 persons there
may be an election Of single
clerk, who shall perform the du-
ties of district and county clerk. "
Before making the above provis-
ion. however, the constitution
makes it imperative that every
county have district clerk and a
county clerk, the provision above
cited being an exception. Then in
so far az the constitution is con-
cerned every county having pop
ulation of over 5000 persons must
have a county clerk and district
clerk, and counties having less
eight thousand may have only one
clerk.
Art. 1896, Sayles' Texas Civil
Statutes provides for the election
Of only one clerk in couties having
a population of less than 5000 in
habitants. Then comes the follow
ing provision: "In determining
the number Of persons in the coun-
ty under this article the estimate
shall be made on the basis of five
inhabitants for every vote cast for
governor in such county at the last
preceding general election.
Such a basis is manifeslly alb
surd. As we'll calculate five per-
sons to every green house. Nor
does the constitution permit Of es-
Inmates, for its provisions are very
clear that only counties having
less than eight thousand votes will
be permitted to have only one clerk.
If such a a basis we're followed, the
number of clerks would depend.
not on population, but on waves OF
political excitement, and would be
liable to change in some counties
every two years.
Now Art. 1852, Sayles' Texas
Civil Statutes, relating TO county
clerks, follows the constitution,
making the number Of clerks de-
pend Ola the population without
making an attempt TO change a
plain provision to one depending
on voting population.
If a county has more than eight
thousand inhabitants and fails to
have a district and a county clerk,
il violates the constitutions pro-
vision in reference to those offices
II the wise makers OF the consti-
tuition desired TO make the number
o. clerks depend upon the number
OF votes cast at general election,
they have certainly concealed the
wish from the average mind.
guess we will mango to get
along in our own little way, earn
estly believing in the wisdom OF
the trainers Of the constitution, un
Ill we run up against a decision to
the contrary fron a court of COM
petent jurisdiction, and succumb
to a strong dose Of legal opinion
administered straight from the
bench. 7. 2. Burlington.
County Judge A. G.. Board COZ
ours in Judge Buiiington's opin-
ion.
Under this view Of the matter
Brazos county would also still be