The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-04-14
District Court.

In this court Monday Judge Walker
rendered his decision on the motion of
the county attorney requiring the Attor-
ney General to show cause why he can
not control and prosecute cases against
defaulting tax collectors and sherIfis.
Below we give the opinion OF Judge
Walker:
The State of Texas v. s. NJ. Strayhorn
and sureties. No. 6o95 in district court
of Travis county.
Suit on sherif-s bond for noR- payment OF
taxes collected, etc. 81
The motion asks the court to determine
the rights and duties of z. I. Moore,
county attorney of this county In relation
10 the above suit.
The Constitution of the State ordains
"the county attorneys shall represent the
State in all cases in the district and in
ferior courts in their respective counties;
but II any county shall be included In q
district IN which there shall be district
att orney, the respective duties of the
district attorneys and county attorneys
shall, in such counties. be regulated by
the ieRislature,o "Couuty at
torneys shall receive as compensation
only such fees, commissions ana perqul
sites as may be prescribed bylaw"
The authority of the county attorney in
this case is contained in the first para
graph of the above citation. He shall
Srepresent the State In all cases in the
district and inferior courts In his cOur-
ty. This does not require interpretatto on,
itself, nor does IL admit OF construction.
it's the duty OF the county attorney OF
Travis county to represent the itats in
this suit.
In order to represent the state, the
process of the court must be subject TO
his legal control. IL can not be refused
by the officers of this court.
The order Of the court upon the mo-
ton Is that f. T.. Moore, county attorney
of Travis county, be permitted, and he
Is required, to represent the state in this
case, His directions will be obeyed as to
process .by the subordinate officers of
this court. s
A desire has been expressed that the
question OF commissions" in the case be
passed upon. This question does not
arise in the motion. and any expression
upon 10 would be but advisory. =
The county attorney Is n bonded officer,
| authorized to collect and receipt for mon
eys from persons indebted to the state in
cases under his control. Revised Stat
utes. s04.) Within thirty days amer re-
| celying such money he 10 required to pay
| it into the treasury OF the state, amer de-
| Quoting there from and retaining the CON-
missions allowed him thereon by law.
1 -
| No rate of commission is prescribed in
| the Revised Civil Statue ofthe State. nor
| in any subsequent legislation. 80.
The code OF criminal procedure, art
| 1112, allows commissions to district and
| county attorneys of 10 per cent, ON all
| fines, forfeitures or money collected for
| the state or county. upon Judgments re-
covered by him. ...f.s u .T
This at least is Legislative estimate, Of
| commissions as compensation In such
cases as this.
While not satisfactory as law directly
governing the case, 1 am Inclined 20 say
that were the question before me, Iwould
1 allow 10 per cent, OF money collected
upon any judgments recovered by the
county attorny. upon sherins bond to be
retained by him as commissions.
The following Is the order OF the court:
"The State v. 8. N. strsyhorn. Motion of
county attorney to be allowed to repre-
sent the State. 1t Is ordered by the court
that Il. t. Moore, county attorney Of
Travis county, be permitted, and he IL re-
quired to represent the State In this case.
His directions win be obeyed by the sub.
ordinate officers OF this court" To this
orde- the Attorney General excerpts and
gives notice OF appeal.