Texas Attorney General Opinion: O-6491 Page: 4 of 6
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U
393
IMoarable John 0. Harris, page
"The termn otteee tiplies a delegation of a
portion of the sovereiga power, and Re possessLao
of it by the persa tillng the oIftee. . . .Ths
defialtion carries with it ex vi termini the furth-
*r 4ea that the per delegated muat be ezereised
by the person in his s right a laot La another's
riht.' State ea. 1.el va wv. Christmas, 126
iss. , 58, 88 So. 681. (nasis ours)
he ease of Robertson vw. ris County, 84 s. V. 1097,
arose uder Aets of 190, p. 84. That Aet is i all mteral
respects panr lel to the provisoas of the presea t statutes,
noted above. However, the 2903 Act used the term offitoal
stenographer iastead of oftticial reporter.' The At provid-
ed for their appoLnteat by the judges of the district courts,
ad dlared that they should be 'oorn officers of the court,.
and should hold their offtIce during the pleasure of the court.
The dates required of sosh official stenographer were the
same as those presently required of eff tietal reporter.
Robertso pe1tormd services sad seed the county to
recover a balance all ged to be cue hiA therefore. the eouna
ty defended o thbe groue that the Act of 1903 was violative
of Section 50 of Artiole XI of the Coastitation, which pro-
vides 'that the duration of all ottffices not fixed by this
Costitutia shall never exceed two years." Inasmch as the
court's 1sguage is most illumiating, we will quote from it
more or less at length.
. . The defiaitto t the term 'effttee'
as given by Mr. * Mehen i his work on P c blic Of1-
sers, is queed vith approval by our Suprem Court
555 . V. 120, and is as Vfollowsn ' public office
is the right, authority, and duty created and con-
terred by law, by vhich, for a givea perted, either
tirad by law or enduring at the pleasure of the
erecting power, as Ladividual is invested with same
portion of the sovers tunetions oft the porea-
meuat, to be exersisetd i h f or the beseft of
the public.' . . . Does the act coater upon the
stenographer ay sovereignl function of goveramatt
We think not. There is quite a saterial differedbetween a public office and a public elpoymn .
As nit by Chiet Justice Marshall, 'Altolh an
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6491, text, July 19, 1945; (https://texashistory.unt.edu/ark:/67531/metapth263769/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.