the State Bar the name of the delinquentmember.
You state that Bornepersonshave been used a8 assistantcounty at- torneyswhose names do not appear in the Texas Legal Directory,or the record of the SupremeCourt, as being licensedand practicingattorneys. We do not think that the failureto find the names of said assistantsin the Legal Di- rectorywould be sufficientevidenceto show that they were not authorized to hold such officialpositions. As to the names of such aselstantrrnot be- ing found in the recordsof the SupremeCourt, we think it would be necessary . . I
Hon. C. H. Cavness,page 20 (o-6676)
to ehow that the hereinabovereferredto rules had been followedand the name8 of euch aesiatantedroppedfrom the membershiprolls in accordance therewith before it could be raid that aaid aaristentnshouldnot be conrideredin con- nectionwith the apportionmenthere under consideration.
If the abstracters,tax deputiesand clerks referredto by you were liceneedattorneys,they shouldbe carriedaa aaaistantsbut, if they were merely what such name6 imply,then they shouldnot be consideredin connection with making said apportionments.
As to the use of the namee of stenographers, bookkeeper6and investi- gatorsa8 "assistants"in arrivingat said apportionment, we agree with the opinionof this departmentreferredto by you, addrearedto the Comptroller under date of September15, 1936,and It is our opinionthat such ruling should be appliedto any of such employeeswhose name8 appear in the schedulesubmlt- ted by you.
Article 3912e, Section13(b),which providesfor the apportionment here under consideration, does not fix any time for the paymentof euch appor- tionmentinto the County Officer-6' Salary Fund of each county,but we suggest that, since the Comptrollermust necessarilydeal with two separateapproprla- tions in each calendaryear, he handle same 88 followe:
Make the apportionments at the end of each four months'period and after proper statementshave been made qhewingthe actual aum61paid out, the apportionments to be made after December31et of any year to be for the pre- cedingfour months and to adjust any discrepanclee or errore in the allocation of the apportionments duringthe year ending on that date. The other times for the allocationof such apportionments can be after April 30th and August 31st of each year, and to be made only after receiptof proper statementsa8 to the 8ume actuallypaid out by each of said counties.
We find two other countiesthat were eligibleto share in these ap- portionmentsfor the years 1942, 1943 and 1944, a8 well a8 futureapportion- ments, viz: MontagueCounty and Parker County. The 1940 populationsof these countieswere 20,442 and 20,482,respectively, and each of them had and has a countyattorneywho performsand Is performingthe duties of districtattorney.
As to the effect of the SpecialFederalCensus in JeffersonCounty on that county'sapportionment, we refer you to our OpinionNo. O-6499,a copy of which Is herewithenclosed. The apportionmentof this countywill now be made on the basis of ita having a populationin exce88 of 190,000.
We are unable to find any statuteauthorizingthe Comptrollerto make adjustmentsof these apportionments where there have been overpayments or under-paymentsIn past years. It is our opinionthat where any county or countieshave been underpaidin allocationsprior to the calendaryear 1945, such error or error8 cannotbe adjustedout of a currentor future apportlon- ment, aa all such