Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1944-01-12
Dual Job Holding
Ruled Against By
Attorney General
Daily Dispatch Bureau.
In the Sir Walter Hotel,
BY LYNN NISRET

NuieiBh, Jan. lZ.-ASSIgnmcnt TO
military training camp i'm this
State, where the person has no in
tention of making North Carolina
ms home, does not constitute "lcpal
RESIDENCE for divorce purposes with
IN the meaning Of the statute which
requires six months residence i'm the
State before the institution OF Il di-
vorce action, according To Attorney
General Harry Mcmillan.
This was one of batch of unin-
ions released by the attorney zen
eral yesterday. Almost every week
the states chief legal adviser has to
answer questions dealing with tiou-
bic office holding. In the current re-
lease there are two direct and one
indirect approach To the subject.
II Is held that the office of list
takeI and Of deputy tax collector arc
both "public offices" within the con-
stitutional prohibition against dual
ollIcc holding. The same person can
not hold both offices.
Nnen there Is a charter provision
SO authorizing, Il town commissioner
may serve as town clerk and treas
!lfer In absence of such specific char
Ter authorization, a commissioner
assuming the office Of town clerk
vacateS the office of commissioner.
In the absence of public-lucal act
to the contrary, the compensation Of
clerk of the superior court serving
as Juvenile judge is determined bv
The county commissioners ana is in
dependent of any compensation that
may go TO him as clerk of court. II
Is also held that any duly appointed
assistant clerk of the superior court
may serve as such judge. Editorial
note: Attention is called To the dis
tinction between an assistant clerk
and Il deputy clerk)
Nearly every digest of opinions
has several questions involving taXa-
ton. This time there arc three. 1t IS
held that Il cashiers check is an owl
dencc oil debt and the intangible lax
should be levied at the rate of 80
cents on the 500 instead of the rate
OF 10 cents applicable 10 money on
deposit.
A person who enters the armed
Ion ceS or merchant marine and is
later discharged, is relieved from
payment of any and all nnil taxes
listed prior To his discharge. After
his discharge, however. such person
must list at the next listing period.
(When asked by reporter if poll
taxes listed before entering the Scry-
ice were forgiven the attorney gem
erals office said they were. Other
property taxes arc not aficclcd)
The real property of the Little
Theatre, Inc. of Charlotte is exempt
from local taxation as an cducatirI,-
al institution devoted To training in
dramaticS and production of theatri-
cal performances on a non-profit
basis. (This opinion, while limited 10
Charlotte, is applicable TO all little
theatre projects with similar char
tcrS.)
An automobile may be confi,catcd
and ordered sold where It's operator
has been convicted OF illegally trans
proting whisky for the purpose If
sale, even though all taxes on the
whisky have been paid
The department of motor vehicles
has not authority to transfer lor-hirc
license plates which have been issu-
ed to individuals or partnerships to
corporations later formed by those
same persons. since in contemplation
OF law such a transfer would be from
one owner to another.