. . , R-013



### TRI NEYGENERAL

TEXASHon. Leslie D. Williams - Page 2 (V-306)

a,sDistrict Attorney to follow up applications for clemency for persons convicted of felonies in mycourt. This is asually done by correspondence, but such procedure is impossible in this case onaccount of the issues involved andthe pressure in connection therewith. TheDefendant in this case wasa negro andgreat pressure wasbeing applied by the Society for the Advancement of the Colored People andboth the Board of Pardons andthe Governor wishes to be in full possession of all facts in the case before passing on the same. I certainly would not have made the trips if I hadnot thought they were necessary ana in line of duty.”
Article 6820 of the Revised Civil Statutes ia as follows:

“All district judges and district attorneys whenengaged in the discharge of their official duties in any county in this State other than the county of their residence, shall be allowed their actual and necessary expenses while actually engaged in the discharge of such duties, not to exceed four dollars per day ror hotel bills, andnot to exceed four cents a mile whentraveling by railroad, and not to exceed twenty cents amile when traveling byprivate conveyance, in.going to andreturning from the plaoe where such duties are disoharged, traveling by the nearest practical route. Suoh officers shall also receive the actual and necessary postage, telegraph andtelephone expenses incurred bythemin the actual discharge of their duties, Suohexpenses shall be paid by the State upon the sworn anditemized account of each district judge or attorney entitled thereto, showing such expenses. In districts containing more than one county, such expenses shall never exceed in any one year 8100.00 for each county in t’hedistrict; providea that nod~istrict judge or attorney shalL receive more than $SOO,OOin any-_. .

Hoa, Leslie D. Willians - Page 3 (V-306)

one year under the provisions of this article. ‘:‘heaccount for saic3services shall be recorded in tho official minutes of the district court of tb.s county in which such judge or attorney resides, respectively, (Acts 1923,p.50)” Undoubtedly, this arti,@& authorizes you as I District Attorney to receive your actual andnecessary expenses while actually eagaged’in the discharge of your official duties in aay county in the State other than the county of your Pesidence,., We~eannotbe specific as to items fop the reasoh that you state no items* inion No..k&30by this department cocstruing this ,i%!?- cle with respebt to the expense acoount of a Distrj$t Attorney, it was said:

“In view of the foregai,Rg authorities it is the opj,nisn of this department, that the Distpiat Attortley My collect his aotual and neCeSSary expense while actually engaged in discharge of such duties not to exceed the amount prescribed by law,”
In the light of the plain languap of the statute andits oofgtru, tion in the opihion above cited,
weanswer your inquiry P nthe affirmative. Youare eni titled to charge andreceive your actual and necessary expenses while en-a;;;ed !.n ;?ischarCe of your duties in counties outside of your ho:le county, not to exceed, of course, the lim~itstions na to amounts specified in the statute.

ADistrict Atterney is entitled tP be paid all actual andnecessary expenses incurred by him in the Qischarge of his duties in couaties outside of his home county not to exceed the limitation as to amounts contained in the statute, Art* 6820, Rev, Civ, Stati
Yours very tfuly, 

### ATTQRNEY

GEmRALOFTEXAS

ATTORNEY

Gl@ItRAL OS:wb