979 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

Honorable A.’ C. Turner, Uarden 

sexar Prsson sprtem 

mmtAville, fexra 

the Sheriff of Walker 

ford ccweyaniw~ to suoh 

al, upon the order of 

the above stated 

b?.the pr;il 

obaeroed b p” 

.#iysloiawat Huntavillb and ahall be 

sa.id phyrloisn and the Harden OF the 

Penltentiaryj and vhen, in the judgmant of said 

phy~iolan or vardbn, suoh oonviot Is insaneand 

should be transferred to one of theStato Hospitals 

for the treatment of the IAX(ILII~~, then elther~ @aid 

prison physioien or raid warden shall go before the 

County Judge of Walker County, Texas, and make affidavit to said. faot, and the County Judge &all. ” 

forthwith prooeed to try aaid convlot in the 8ame 

aanner aa other psraons and under the same rples * 
Honorable A. C. Turner, page g 

of procedure as apply to the trial of oitloeno vho 

beoome lnosae. Upon trial, if said oonvlct is 

found to be lnbano, the county judge before vhom 

ho is tried shall issue his varrant for transfer 

of said oonvlot to one of the 8tato Xoapftala for 

the treatment of the insane or other place pro- 

. vided hereafter by lav provided the provision of 

this lav shall not appiy to prisoners under oen- 

~tenoo of death and acnflned vithin the State 

Penitentiary.” 

It vi11 be notioed that, vhlle the statute ooaferr 

upon’ the ~.oounty j-0 of Ualker Oounty authority to order the 

transfer of, the conYiot fdund Lnoane to one of the State Hospitals for the treatment of the insane, yet it does not speally vhethor the prisoner shall be conveyed to the State Hoopita1 by an agent of the Prison System or by some other offiaer . IS the aounty aourt has authority to order the oonveyanae to be mode by the sheriff of Walker County, ouch authority must be found in the general power of the uourt aowing 

out of its juriodiotlcn over ,the luuaoy trial. 

boation 15 of AH&ale V of the Texaa Constitution 

provides in part t 

“The County Court shall . . . transact all 

business appertaining: to deoeaoed persons, minora, 

Idiots, lunatios, persons non aompos mentia and 

oommon drunkards 4 , .I and the County Court, or 

judge thereof,,ohall hiivo power to issue vrits of 

injunctions, mandamus and all writ8 aeoesaary to 

the e~oroemont of the jurladlotioa of said Court. 

. . . 

The applicable rule is thus stated In 11 Texas Jurisprudence, page 727, Seotl.on 19: 

I St is an unoontrovorted general prinoiplo ih&‘*evory regularly oonotitutod oowt has 

Inherent pover to do all things that are reaoonably neoesoary for the amiatratioa of juotiae 

vlthln the scope of’ its jurisdiction and to prevent any abuoe of its prooeoo.t 

“This inoludeo authority to carry into effect 

ita~ ovn judgments, oentencoo and decrees and to 

prevent Lnterferenoe therewith.” 
Honorrblo A, 0. Tumor, pago 3 

It I8 therefore OCR opiaion that it 18 rithin the 

diooretlon of the oounty oourt of Valkor County, upon oanviation of lunaoy in that oourt, of b prisoner of th8 Texas 

Prison System, to order the insann prisoner to be delirersd 

by the varden of the Texas Prison bystem to the sheriff of 

lialker Oounty and by said sheriff ocmveyed to the atate Hoopita1 to vhioh the prisoner Is ooamittod, and thrt upoa reosipt of 8uah order the warden is l Uthmi86d to so deliro~ the 

prisoner to the sheriff of Ualkn. County. 

We think it appropriate to point out t&t, In rush 

aaro, tho order of tho aounty oourt of Ualkor County rhould 

opsoifio8lly &root tho rudon of tho Prison Syoton to dollrrr 

of Walkor Coonty for oonvoyanoo 

Yours oory truly 

ATTORliBY QBWtAL ~Q~.~.TBXAfJ 

BY 

Y. R. Allen 

Aoolotant 

.,