Texas Attorney General Opinion: O-4868 Page: 2 of 6
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Honorable Chas. F. Hemphill, Page 2, No. 0-4868
sioners' Court appointed Mr. Maburn L. Harris
to fulfill an unexpired term as Justice of the
Peace at a salary of $100.00 per month.
"As County Auditor, I have withheld pay-
ment of Maburn L. Harris' salary due to the fact
that the Special Session at which he was ap-
pointed was not lawfully and legally held unaer
the Statutes and the Special Agreement had by
and between this same group of County Officials
and so recorded in their minutes.
"I am convinced that there was a lawful
quorum of the Court present and the only ques-
tion as to the legality of the appointment is
whether or not the above mentioned agreement is
of binding consequence in this or any other in-
stance, and whether I am within mj just rights
in withholding this man's salary.
In your letter of November 16, 1942, supplementing
the above mentioned letter, you state in part:
"I wish to advise that the captioned re-
auest was merely for an opinion regarding a
lawful quorum for the Commissioners' Court of
this County due to the fact that this particular
Court had at a prior meeting recorded in the
Commissioners' Court Minutes an agreement whereby
they would not hold a special session unless all
Commissioners had been duly notified of such special
session. I think the Statutes are clear concerning
a legal quorum, but the question is simply whether
or not such minute of the Court is of any value on
the records. You request a reason why one of the
Commissioners was not notified of the special ses-
sion, I am forced to answer that I do not know.
There is possibly no reason at all.
"I wish to advise further that all County
Officials and all precinct Officials in this
County are being paid on an annual salary basis
for the calendar year of 1942, and the salary to
be paid to the newly appointed Justice of the
Peace is the same as that paid to the deceased
officer."
Article 2343, Vernon's Annotated Civil Statutes pro-
vides:
"Any three members of the said court, in-
cluding the county judge, shall constitute a quorum
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4868, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth262122/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.