HonorabLe E. H. Griffin 

County Attorney 

Young county 

Graham, Texas 

Dear Sir; Opinion No. O-3710 

Rer Are the charges of $1600 for posting 

notices and 7$$ per mile for each 

mile traveled in posting notices of 

the Special Senatorial Election 

legal charges? 

Your recent request for an opinion of this department on the 

above stated question has,~beaa received. 

We quote from your letter as follows; 

"I wish to submit the following question to your 

department for an opinion: 

"The Sheriff of Young County recently posted 

notices in each voting precinot. advertising the coming 

senatorial election, and charged Young County $1.00 

for each notice and 7&# per mile for each mile traveled 

in posting such notioes. Is such charge a legal one? 

Young County, Texas, has a population of less than 

20,000 inhabitants, and the officials are compensated 

on R fee basis." 

Articles 2950 and 2995, Vernon's Annotated Civil Statutes, 

read as follows; 

"Article 2960. The county judge shall cause notice 

of a general eleotion or any special election to be 

published by posting notice of election at eaoh precinct 

thirty days before the eleotioni which notice shall state 

the time of holding the election. the office to be filled. 

or the question to be voted onl provided that in local 

opt,ion, stock law and road tax elections, or any other 

special election specially provided for by the laws of 

this State, the notices of election shall be given in 

compliance with the laws governing said eleations respectively. If a vacancy occurs in the State Senate or House 

of Representatives during the session of the Legislature, 

or within ten days before it convenes, then twenty days 
.- 

Honorable E. H. Griffin, page 2 O-3710 

notice of a special election to fill such vacancy shall 

be sufficient. Posting notice of an election shall be 

made by the sheriff or a constable, who shall make return on a copy of the writ, how and when he executed 

the same." 

"Article 2995. The sheriff or any constable for 

serding copies ol t!:c urder desjEnating the hounds of 

election precincts, or the el,eotion judges, posting 

notices, and for serving all other writs or notices 

prescribed by this title, shall be paid the amounts 

allowed by law for serving oivil process. For delivering election supplies to precinot judges, when they are 

not obtained by such judges in person, the sheriff or 

constable shall be paid such amount as the commissioners 

court may allow, not to exceed two dollars for each 

election precinct." 

Article 3933, Vernon’s Annotated Civil Statutes, reads in part 

a5 follows: 

"Sheriffs and Constables shall receive the following 

fees: 

(1 . . . . 

"Posting any other notices required by law and 

not otherwise provided for . . . . . . .#l.OO 

" . . . I 

"For traveling in the service of any civil process, 

Sheriffs and Constables shall receive seven and onehalf (7%) cents for each mile going and coming; if two 

or more persons are mentioned in the writ, he shall 

charge for the distance actually and necessarily traveled 

in the service of same. 

“. . . . 

u 

Article 3087, Vernon's Annotated Civil Statutes, requires the 

Governor to order an election in case a vacancy occurs in the representation of thj,s State in the 1Jnited States Senate, and Article 3088, 

Vernon's Annotated Civil Statutes, provides in part, "Every law regulating or in any manner governing elections or the holding of primaries 

in this State shall be held to apply to each election or nomination of 

a candidate for a TJnited States Senator so long as they are not in confiict with the Constitution of the United States or of any law or 

statute enacted by the Congress of the United States regulating the 

election of TTnited States Senators or the provisions of this law." 
- - 

Honorable E. H. Griffin, page 3 O-3710 

In the case of Nelson v. State, 75 S. W. 502, it is stated 

'by posting as required by law is meant that the notices must actually 

be posted the requisite number of days before the election, is held. 

The fact that the notices may,have been subsequently torn or blown down 

would not affect the validity of the election. . .It 

We quote from the ease of Bigham v. state, 275 s. w. 149, as 

follows: 

"A sheriff is entitled to such fees as the statutes 

authorize, and for that reason the fact that the fees 

allowed may seem large in some instances or small in 

other instances cannot enter into a decision concerning 

the statutes authorizing them. The Legislature has enacted 

the fee bill, and has fixed a maximum sum which a sheriff 

is entitled to receive as fees, requiring that the sxoess 

be paid into the county treasury.. The Legislature has also 

enaoted laws regulating and limiting the fees of officers 

from time to time. The wisdom or unwisdom of these acts 

is r!ot a matter for the court to determine." (This ease 

was reversed on other grounds in 260 S. W. 1062.) 

It will be noted that Article 2995, supra, specifically provides 

that the sheriff or any constable shall be paid the amount allowed by 

law for serving civil prooess for posting notices and for serving all 

other writs and notioes prescribed by Title 50, Vernon's Annotated 

Civil Statutes. 

In view of the foregoing authorities, you are respectfully 

advised that it is the opinion of this department that the sheriff or 

any constable performing the .above mentioned services are entitled to 

$1.00 fc'r posting the election notices and seven and one-half cents 

(7$) per mile for each mile actually and necessarily traveled in performing this service, in fee counties. However, if the sheriff receives 

an sx officio salary as authorized by Artiole 3934, Vernon's Annotated 

Civil Statutes, which provides in part as follows: 

"Sheriffs shall also receive the following compensation: 

11 

. . . 

"2 . For sunsaoning jurors in district and county courts, 

serving all election notices, notices to overseers of roads 

and doing all other public business not otherwise provided 

for, not exceeding one thousand dollars per annum to be fixed 

by the ccmaissioners court at the same time other ex officio 

salaries are fixed, and to be paid out of the general funds 

of the county; provided, that no such ex officio salary shall 

be allowed any sheriff who had received the maximum salary 

allowed by law." 
Honorable E. FT. Griffin, pagq 4 O-3710 

The sheriff would not he entitled to remive the $1.00 fee 

for pocking the election notices or the 'F+ cents per m'le necessary 

and aotually traveled in posting said election notices. Tf the 

sheriff reoeives no ex officio colnpensation under nrticle 3934, supra, 

he would then he entitled to the aompansation as above stated. 

are 

Trusting that the foregoing fully answers your inquiry, we 

Yours very truly 

AW:'>M:wc 

Approved by s/Grover Sellers 

Approved Opinion Committee By 91iR Chairman 

-y-