Texas Attorney General Opinion: O-4488 Page: 2 of 6
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Honorable Ralph Brook, page 2
from having to climb the stairs to the Clerk's office
from ten to fifteen times a day to sign birth certificate
matters, this book of the Probate minutes is being kept
by his secretary in his office, which is, as you see,
clerical work. Then in addition to that, as you know,
tinder the statute, he is required, as I, to make monthly
reports, and with the volume that is passing through the
two offices, mine and his it is entirely impossible to
secure help that is efficient at the #100,00 figure which
the county has heretofore been able to secure.
"In keeping the birth certificate records as they
are kept the County Judge's offioe is saving the employment
of one additional assistant county clerk, and on account
of congested conditions in this part, the secretary to the
County Judge is clerking the County Court, sidae the Clerk
would not be able, under the present set-up to have as is
required by law a clerk to attend this Court, and with the
amount of business that is being conducted in the County
Court, it would be necessary that the County Clerk employ
a full-tiae assistant clerk to take care of this business.
"As is indicated in the letter to the Commissioners'
S:ourt, it is yopiniontha8 thesesalaries could be raised,
and these employees could be designated as clerks. In this
connection let me say that you know full well that secre-
tarial or clerical help does not depend upon just having
someone around. You have to have someone that understands
what it is all about. I do trust you will give me an immediate
opinion on this matter."
Your opinion addressed to the Honorable Commissioners'
Court of Lubbock County, Texas, on the above stated question reads
"You have questioned me relative to whether or not the
County Commissioners' Court can authorize the payment of a
salary in excess of $100.00 per month to an office assistant
of the County Judge and the secretary of the County Attorney's
"Artiole 3902 of the Revised Civil Statutes provides
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4488, text, 1942; (texashistory.unt.edu/ark:/67531/metapth261736/m1/2/: accessed December 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.