not believeare el!.gi.ble under the existingStatutese
"T:hisscheduleprovtdesadd!.tl,oeal. columns'Cobe filled in by you a8 fol.lows:
"1. On t.hismdm3ul.eplease insertthe Law references for each each cou&y and advi,se whether'aqyof such laws are unconstitut1,onal as tc partZ.c%.pation in State SalaryApportionment D
"2. We 'alsoask th& you pl.ea~efi1.J:fnthe remai;nio.g three columnsin this schedu.ieto chow the maxi.mum salary allowedby law for each of the positionsfor each courty eligiblefor parti.cipati.on in t,h,Li eslaryapportLonmect.
"3s The salaryapportionment appropriati,ons for t,he (33) coun- three years under review refer to t'hirhy-three tiea, whereasthe attachedschedulecoveraonly thirty-one (31) countiesreceivingsuch apportbonment as computedby the Comptroller. Shou.ld two more counti.ea partl,cipatein . .
Hon. C. H. Cavness,page 5 (o-6676)
this apportionment? If so, please furnishthe names of the coun- ties, the applicablelaws and the respectivesalariesto be in- cluded for such countlee.
"4. What ie the effect of the SpecialFederalCensus in JeffersonCounty on that county'8apportionment- that Special Census increasedthe populationfrom 145,329in 1940 to 191,942 as of June 15th, 1943, the date of said SpecialFederalCensue.
"5. Based upon your OpinionNo. o-6226 which is to the effectthat calculationsof the distributionsshouldbe computed on the amount actuallypaid by the countyto the CriminalDis- trict Attorneyand his Assistantsratherthan on the maximum amountthe law authorizes,it appearsto us that the Comptroller would have to wait until the end of each calendaryear before he could calculatesalaryapportionmentdue the respectivecounties. Are we correctin assumingthat this is the method which should be used, the salarydata perhapsfurnishedthe Comptrollerat the end of each year through certifiedreportsfurnishedby the County Auditorsof the respectivecounties?
"6. Since we found that some countieshave been over-paid salaryapportionment(which of coursemeans that other counties have been under-paid)over the period of the three years under audit, can such errorsbe adjustedfrom any salaryapportionment appropriationbalanceand/or from future salaryapportionment appropriations, and for what period of time? Would such adjust- ments be retroactiveto Januarylst, 1936, the effectivedate of the State SalaryApportionmentlaws?"
We will considerthe apportionmentsto the named officialsof the variouscountiesin the order submittedby you and cite the statutesthat au- thorizedsame, a8 well as to call attentionto any errorsthat may have been made in making said apportionments.If desired,you can then place such mat- ters into the schedulesubmittedwith your request,which is returnedherewith.
It will be necessaryfor us to refer to the various subdivisions of the statutesgoverningthese mattersbut, insteadof referringto each of the subdivisions, we will give the articleand number thereoffollowedby a period and the number of the subdivision.All salarieswill be considered on an annualbasis withoutbeing so specified.
It may also be necessaryfor us to refer to and attach copies of other opinionsof this department,and when that is done said opinions,and each of them, will be adoptedas a part of this opinioninsofaras they pass upon questionshere discussed.
Bexar County. The Bexar County CriminalDistrictCourt was created and establishedby Articie 52-161 of the Code of CriminalProcedureof the State of Texas, and Section12 of said articleprovidesfor the electionof . .
Hon. C. H. Cavness,page.6 (o-6676)
a criminaldistrictattorneyof said county. Article3912e-1of Vernon'eAn- notatedCivil Statutesfixes the salaryof said criminaldietrict.attorney at the sum of $7,400.00.
We are unable to state just what positloneln,theoffice of Criminal DistrictAttorneyof Bexar Countywere filledby