and leave other offi- cers upon a fee basis. The systemmust be uniformand the commissionerscourt must place all of the precinctofficers upon a salarybasis or leave all upon a fee basis-underthe salary law.
"Wherethe commissioners court places the precinctoffi- cers of the countyupon a salarybasis as outlinad in the officerssalarylaw, the commissioners court has no authority to set a precinctofficerssalary at less than the total sum earned as compensationby him in his officialcapacityfor the fiscalyear 1935, and that the commissioners court has no au- thorityto set a precinctofficerssalary at more than the maximumamount allowedsuch officerunder laws existingAugust 2h, 1935." In opinionNo. O-2421 this departmentheld that: . '
Hon. Fred L. Blundell,page 3 (04592)
"It is the opinionof this departmentthat it is not possibleto compensatea justiceof the peace on a salary basis of countieshaving a populationof lessthan20,000 Ttiabitantsaccordingto the last preceding federalcensus unless all the precinct officersof said county are compen- sated on a salarybasis, and the commissionerscourt of said countyhas passed an order providingfor the compensationof all precinctofficersof the county on a salarybasis at the first regularmeeting in January of the calendaryear in question."
Our opinionNo. O-915 concernsa similarquestion. We enclose copies of all of the above mentionedopinionsfor your convenience.
In view of the opinionsmentionedabove and the authorities cited therein,your first questionabove shouldbe answeredin the nega- tive and is so answered.
As we have answeredyour first questionin the negative,we do not think that your second questionrequiresany answer. Therefore,we do not deem it necessaryto discussor pass upon said question.
Trustingthat the foregoing fully answersyour inquiry,we are
Yours very truly
ATTORNEYGENERALOF TEXAS
By /s/ Ardell Williams Ardell Williams,Assistant
APPROVEDMAY 19, 19112 /s/ Gerald C. Mann ATTGRNEYGENDAL OF TEXAS
APPROVFLU: OPINIONCOMMITTEE BY: BWB, CHAWN
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