what has been hereinabovesaid a8 to HidalgoCountywill also apply here as to the applicationof this Article.
Under Articles3883.5and 3891, the countyattorneycould have been paid $5,500.00per annum. Under Article 3902.5,the first assistantcould have been paid $2,600.00per annum and other assistants$2,300.00per annum each.
A SpecialFederal Censuswa8 aounced for JeffersonCounty on June 15, 1943, showingthe populationof this county to be 191,942. Article 3pl2e, Section19, providesthat "Provisionsof this Sectionshall apply to and con- trol in each county In the State of Texas havinga populationin excess of one hundredand ninety (1p0,000)thousandinhabitants,accordingto the last precedingFederal Census." Therefore,the salariesof the countyattorney of JeffersonCounty and his assistantsfrom and after June 15, 1943, are sub- ject to the provisionsof said Section.
Article 3p12e, Section19(d), providesthat the officerstherein named, includingthe "districtattorneyor criminaldistrictattorney,"as the case may be, shall receivea salaryof $6,500.00per annum,but no salary is providedtherein for a countyattorneyin a county having a populationIn excess of lpO,OOO. Since the countyattorneyof JeffersonCounty is the county attorneyfor the CriminalDistrictCourt of said countyand performsthe duties of districtattorney,or criminaldistrictattorney,it is our opinionthat he .
Hon. C. H. Cavness,page 14 (O-6676)
is entitledto the compensationprescribedfor the dl#trictattorneyor crlmi- nal ditirictattorney,under the rule8 of law laid down in our OpinionNo. O-3158 hereinabovereferredto. It is our opieionthat he was and is entitled to a salaryof $6,500.00from and after June 15, 1943. This holdingalso has eupportin the former law, in that it is providedin Articles3883.6and 3891 that, in countiescontainingas many as 150,001or more inhabitants, the dls- trict or criminaldistrictattorneyor ,countyattorneycan be paid as much aa $6,500.00per annum.
Under Article 3902.5,the first arrirtant could hrve been paid not to exceed 2,600.ooper annum and other ar~irtantrcould have been paid not to exceedt2,3OO.OOper annum each to June 15, 1943. After June 15, 1943, the appointmentof amrietantsto CriminalDirtrictAttorneyrIQ Jefferson County, or to the County Attorney, and the amountsof their salaries,in gov- erned by Article3912e, Section19(f),which provideafor nine assistantsto be paid the followingsalaries: two at $4,500.00each5 two at $4,200.00each; one at $3,600.,00~one at $3,000.00;and three at $2,700.00each.
It Is furtherprovidedIn said Section 19(f) that shoulda district or criminal district attorney be of the opinionthat the number of assistants, etc., is inadequatefor the efficientperformanceof the duties of his office, with the advice and consentof the Commissioners' Court, he may appointaddi- tional assistants and fix their salariesas follows: one not to exceed$4,250.00; one not to exceed$3,600.00;one not to exceed$~,OOO.OO;and two not to exceed $2,700.00each.
Your attention is also directedto House Bill No. 855, Ch. 307, p0 505, Vernon'sTexas SessionsLaw Service,which became effectiveJune 4, 1945, and which providesthat the countyattorneyin countieshavinga populationof more than 190,000inhabitantsaccordingto the last precedingFederalCensus, where there is no residentdistrictattorneyor criminaldistrictattorney, shall receive the mm@ salaT a8 providedfor district attorneys or criminal district attorneys in Sectionl-a, SenateBill No. 374, Ch. 26, Acts of the Forty-fifthLegislature,RegularSession,1937; and said countyattorneysare authorizedto appointassistantsand employeesin the se@e manner as is pro- vided for district attorneys or criminaldistrictattorneysunder the provisions of Section1, House Bill No. 148, Ch. 68, Acts of the Forty-fifthLegislature, Second Called Session,and that such assistantsshallbe compensatedas pro- vided in said Section1 of House Bill No. 148.