and two additionalassistantsat 62,700.oo per annum each.
Under the schedulesubmittedby you, the followingarrirtantrwere appointedand paid the stated salariesfor each of raid years: for 1942, two assistantsat $4,500.00each3 three at $4,200.00each) two at $3,600.00 each) two at $3,OOp.O0each) and five at $2,7OO.OOeach: In 1943 two at $4,500.00 each; two at $4,200.00each4 two at $3,600.00each; two at 43,OOO.OOeach; and five at $2,700.00each: And in 1944, tuo at $4,500.00each; three at $4,200.00each; two at $3,600.00each; two at $3,000.00each; and five at $2,700.00 each. It ie our opinion,therefore,that all of said assistanta and the salariespaid them were duly authorizedunder the law.
SenateBill No. 279, Ch. 85, p* 122, Vernon'sTexas SessionLaw Serv- ice, which became effectiveon April 19, $945,appliesto count,ieshaving a populationof 500,000or more and includesHarris County. Section6 of said Act sets out the number of assistantcriminaldistrictattorneysthat can be appointedin said countyand the amountsof the salariesthat can be paid.
HarrisonCounty. The 1930 populationof this countywas 48,937. Under Articles3883.3 and 3891, the countyattorneycould have been @aid as much as $4,250.00per annum. Under Article 3902.3,the first assistantcounty attorneycould have been paid not to exceed$2,100.00,and other assistants not to exceed$1,800.~~per annum each.
Hidalgocounty. We find no authorityfor a criminaldistrictattor- ney in this county,therefore,what has been heretoforesaid in connection with Articles326k-p,326k-11 and 326s is also applicablehere, as there were no other statutesauthorizinga criminaldistrictattorneyin this county.
Article 3pl2e-7,which became effectiveJuly 5, 19&l, providesthat the Commissioners'Courts in all countieshavinga populationof not less than 100,000and not more than lpO,OOO,accordingto the last precedingFederal Census, in fixingthe salariesto be paid the officersnamed in Section13 of Chapter465 of the Acts of the Second Called Sessionof the Forty-fourth Legislature,(Art. 3912e, Sec. 13), where such salariesare determinedin com- pliancewith the laws which existedon August 24, 1935, and are based upon population,shall,c&pute, and fix the salariesof such officersat the maxi- mum amountwhich could have beenpaid under ,thelaws existingon August 24, 1935, accordingto the FederalCensus of 1940, and thereafteraccordingto the lastprecedingFederalCensus. Hon. C. A. Cavnees,page 13 (o-6676)
The populationof this county in 1940 was 106,ogp. Under Articles 3883.5and 3891, the countyattorneycould have been paid $5,500.00per annum. Under Article 3902.5,the first assistantcould have been paid $2,600.00 per annum and other assietants$2,3OO.OOper annum each.
Hill county. No criminaldistrictattorneyhas been authorizedfor this county,and we again refer to the opinionsand statementshereinbefore referredto, and especiallyto the ca8e of Hill Countyvs. Sheppard,178 S. W. (2d) 261,by the SupremeCourt,which holds that the statuteauthorizinga crimi- nal districtattorneyfor this county is invalid.
The populationof Hill County in 1930 was 43,036. Under Articles 3883.3and 3891, the countyattorneycould have been paid $4,250.00. The 1940 populationwas 38,355and under Article3p12e, Section13, he could have been paid an additionall$ for each year, since the assessedvaluationsfor 1941, 1942 and 1943 were $20,430,520.00, $20,438,op8.o0 and $20,357,450.00, respec- tively. Under Article 3902.3,the fir-etassistantcountyattorneycould have been paid not to exceed$2,100.00.
JeffersonCounty. The CriminalDistrictCourt of this countywaB createdand establishedby Article 52-160of the Code of CriminalProcedure of the State of Texas, and Section11 thereofprovidesthat the countyattor- ney of JeffersonCounty shall be county attorneyof this CriminalDietrict Court.
The populationof this county in 1940 was 145,329,therefore,it would be governedby Article 3p12e-7and