OFFICE OF THE AWORNEY GENERAL OF TEXAS 

AUSTIN 

Derr Sir: 

ue- the’ 8herlft 

ner in a fornloa of thle depa~rtlaent, 

en re001reu. 

fee la the 

ulljr requeetedr 

ty, working with a 

honor In a foreign 

laoe o? arrest in the 

~8 sherlri eerv8e the 

rieoner to hle Jail. 

ge fee lo due the sheriff RII groe 1030 and 1032 CCH” 

a Ranger from Da11~1 oonveyed one 2,cart.y 00~1 DaUqe to #inoral 

We116, Texas, where he wwa aet by a~ Ranger froaz Fleher County 

traveling in hla oar aocomanied by L aomtmble or deputy @herif.’ 

of Fisher County m& the party in ou@ad 0r the Ranger from 

Dallee was placed in the ouetody of the L r and Conrteblo or 

Deputy Sheriff from Fisher County who aonveyed him to the aaunt 

Jail o? e&id county. The eeoond traneaotloa vae identioal wit) 
Honorable tieorge R. ShepTard. Page 2 

the first with the exmptlon t&t the Ranger from Dallas oonveyed the seoond party to Breokenridge, Texas, where he was 

pla.ceU ln custody of the Ranger and oonetable or Deputy Sheriff 

of Fisher County, who took him to the oounty jell of Fleher 

county. 

You further state that no queatlon regarding ieee for 

eervlng crlmlnal prooese or aaklng an arreet lr involved In 

thle reqll)st, but the only question Involved 15 what mlleage 

fee, If any, le due the eheritf, his deputy or the constable 

of Fisher County aacompanying the State RAnger under the facts 

above stated. 

Artlole 1030, Code of Crlmlns.1 Frocedure, euthorlzee 

and provides aertain fees ror sheriffs and oonetebles performing the vsrloue duties enumerated therein. 

Artiole 1032, Code of Crtilnal Procedure, provides : 

“A rrherlff ehall nijt charge fees for arreate 

made by Bangers, or mlleage for prl8onera treneported by Rangera, or mileage or other feca for 

tranrportlng a witness under attaohment leeued from 

another county unless euoh wltnees refuses to give 

bill for his offense, or files an a??ld,evit with 

such sheriff of his inability to glve ball.* 

Statutes preocrlbing fees for publlo officers are 

etrlatly aonstrued; henoe a right to fees may not rest by IBW 

pllcetion. Where this right la left to oonstructlon the language of the law muet be aunatrued In favor of the government. 

Where a statute la oapable of two oonetruatlons, one of whloh 

would give an offloer oompenea~tion for hie eervlaee in addition 

to his salary and the other not, the latter construotlon should 

be adonted. See the oaaee of HcCalla VB. City of Rookdale, 

246 S.W. 064; Eastland County vs. %x81, 288 S.W. 518; Madden 

vs. Hardy, 50 8.X. 926. 

The State Bangers are oompeneated by the state on a 

salary bee18 and are not entltled to any ?ee in eddltion to 

their ealery for the performance OS the mervlaee above mentioned. 

In view of the foregoing authorities and under the 

above stated facts- you are reepeotfully advised the-t It 1s the 

opinion of this department that the Sherlif or his deputy or 

the Constable, em the oaae may be, who was aodompanylng the 

,P,, 
Honorable George H. Sheppard. Page 3 

,, _ Ranger on the above mentioned tripe 18 not entitled to any mlleage feee whatooever. 

Truetlng that the foregoing fully answers your inquiry, we are 

Pours very truly 

ATTORXEY GEEKkX% OF TEXAS 

AW:db 

WJF APPROVED OPINION CONMITTEE 

BY 

Ardell Willlame 

Aeslstant 

APPROVED JAM 8, 1941 

Gerald 0. Mann /s/a/ 

ATTORWEY f3EMElU.L OF TEXA8 

By BWB 

Chairman