Texas Attorney General Opinion: V-1346 Page: 2 of 3
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Hon. George M. Kelton, page 2 (V-1346)
other in some of its important and principal
duties, or is subject to supervision by the
other, or where a contrariety and antagonism
would result in the attempt by one person to
discharge the duties of both. Under this prin-
ciple two offices are incompatible where the
incumbent of one has the power to remove the
incumbent of the other, though the contingency
on which the power may be exercised is remote,
and it also exists where the incumbent of one
office has the power of appointment as to the
other office."
Mechem on Public Offices and Officers (1890),
Sec. 422, p. 268, states the rule as follows:
"It seems to be well settled that the
mere physical impossibility of one person's
performing the duties of the two offices as
from the lack of time or the inability to be
in two places at the same moment, is not the
incompatibility here referred to. It must be
an inconsistency in the function of the two
offices, as judge and clerk of the same court,
claimant and auditor, and the like."
Applying these tests to the positions in ques-
tion, we are unable to perceive any incompatibility,
for neither is subject to any supervision of the other,
nor would any antagonism result in an attempt by one
person to discharge the duties of both.
We know of no constitutional or statutory pro-
vision prohibiting a person's being at the same time a
justice of the peace and a laborer for the "Park Divi-
sion" of a county. In view of the foregoing, we agree
with your conclusion that a county employee in the caps-
city of a laborer for the "FPerk Division' may at the
same time serve as justice of the peace.
SUMMARY
A county employee in the capacity of
laborer for the "Parks Division" is not
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1346, text, November 19, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266164/m1/2/?q=%221951~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.