Texas Attorney General Opinion: O-4859 Page: 5 of 6
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honorable John D. Reed, page 5
Secretary of city health department held 'member
of police department,' within statute requiring
payment of monthly pension to members' widows.
Demp y v. Alber, 236 N. V. 86, 88, 212 Iova,
"Under St. 1909, ch. 188, authorizing the
mayor and aldermen or board of police of cities,
at his own request or at the request of the chief
or superintendent of police, to retire from act-
ive service and place upon a pension roll any
member of the police department permanently dis-
abled or who has performed faithful service for
not less than 20 years, a superintendent of
police could be so retired on a pension; he be-
inl a memberr of the polio* department,' and
the power conferred upon hat to request the re-
tirement of any other member not excluding hia
from the general provision that any aember may
make such request. Moffatt v. OtDonnell, 102
N, 1. 344, 345, 215 Mass. 92."
Under the authority of these decisions, it is clear
that such Matrons and Rookie Policemen are included within the
meaning of the phrase "members of the police department"
Furthermore, we believe that, in oam on understandIng, uch
Rookie Policemen and Matrons are regarded as members of the
Police Department of the City of Fort Worth. Nor vould the
failure to appoint them in accordance with the provisions of
the city charter affect their status as members of the police
department, since they are actual employees of such depart-
ment. This very question was decided by the Ft. Worth Court
of Civil Appeals in the recent case of City of Ft. Worth v.
Morrison, et al., 164 S, V. (2d) 771. In that ose the widow
of a Ft. Worth fireman sued for additional salary alleged
to have been due her husband under the terms of said Article
1583. The city defended in the ground that no Fire Depart-
ment and no such office as Fireman was ever created by ordi-
mnce or resolution duly passed in aoordanoe with the provi-
sione of the charter of said city. On this point the Court
"We see no distinction between the rights
of a Fireman who is a de Jure officer and one
who is a de facto officer, under the provisions
of such Act.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4859, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth262113/m1/5/: accessed April 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.