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 ~8sherlri eerv8e the rieoner to hle Jail. ge fee lo due the sheriff RIIgroe 1030 and 1032 CCH”

a Ranger from Da11~1oonveyed one 2,cart.y00~1 DaUqe to 

### #inoral We116, Texas, where he wwaaet by a~Ranger froazFleher **County** traveling in hla oar aocomanied by Laomtmble or deputy @herif.’ of Fisher County m& the 

### party in ou@ad 0r the 

### Rangerfrom Dallee was placed in the ouetody of the L r and Conrteblo 

### or Deputy Sheriff from Fisher Countywhoaonveyed himto 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, whotook himto the oounty jell of Fleher county. Youfurther state that noqueatlon regarding ieee for eervlng crlmlnal prooese or aaklng an arreet lr involved In thle reqll)st, but the only question Involved 15what mlleage fee, If any, le due the eheritf, his deputy or the constable of Fisher County aacompanying the State RAngerunder the facts above stated.

Artlole 1030, Code of Crlmlns.1 Frocedure, euthorlzee andprovides aertain fees ror sheriffs and oonetebles performing the vsrloue duties enumerated therein.

Artiole 1032, Codeof Crtilnal Procedure, provides : “A rrherlff ehall nijt charge fees for arreate madeby Bangers, or mlleage for prl8onera treneported by Rangera, or mileage or other feca 

### for tranrportlng a witness under attaohment leeued from another county unless euohwltnees refuses to give bill for his offense, or files ana??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. Wherethis right la left to oonstructlon the language of the law muetbe aunatrued In favor of the government. Wherea statute la oapable of two oonetruatlons, one of whloh would give an offloer oompenea~tion

### forhie 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 ona salary bee18 andare not entltled to any ?ee in eddltion to their ealery for the performance OSthe mervlaee above mentioned.

In view of the foregoing authorities andunder the above stated facts- youare reepeotfully advised the-t It 1s the opinion of this department that the Sherlif or his deputy or the Constable, emthe oaae maybe, whowas aodompanylng the ,P,,Honorable George H. Sheppard. Page 3

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

Truetlng that the foregoing fully answers your inquiry, weare Pours very truly ATTORXEY

GEEKkX%

OFTEXAS

AW:db

WJF APPROVEDOPINIONCONMITTEE 

### BY Ardell Willlame Aeslstant
APPROVED

JAM8, 1941 Gerald 0. Mann/s/a/ ATTORWEY

f3EMElU.L

**OF TEXA8** 

By BWB Chairman