The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-02-16
THE COURTS.
District Court, Hon. A. s. walker,
Judge, Presiding.


The following business was disposed
of yesterday:
State VS.. q. c. Camp, ct al, collector
of taxes; suit an official bond; judgment
for the state for 81, 462.30.
State VS.. G. G. amp, ct al; judgment
for 81 1892 30.
The grand jury came into court, pre-
sented about twenty-five indictments,
and having no matters to consider, so re-
ported. The judge thanked the jury for
their services, complimented them for
their zeal, and discharged them for the
term.
On motion. The State of Texas VS..
E. T. Moore, county attorney of Travis
county. In this cause, Judge Walker
yesterday rendered the following de-
cision:
In points of law it is held:
/. The demurrer to the petition OF mo-
ton is not well taken.
2. The county attorney being required
by the constitution to represent such
cases as those in which commissions are
claimed, and being by statute author
lied to retain them, is entitled to COM
missions as such; by analogy to the fees
for collecting forfeited bali bond, and by
custom of the Office 10 per cent. may be
retained.
3. The county attorney not being de-
lin quent in his efforts to collect the judg-
ments, obtained the right to commissions
is not lost by the payment after the judg-
ment, by the defendants direct into the
treasurer or to the attorney general,
whether such payments be voluntary on
the part of defendants, or on request of
the attorney general, or OF the comp
troller.
T. The case made by the attorney gen.
eral may be presented in his words
" Has the county attorney the right to
claim fees in suits brought by the attor-
ney general for the state, wherein the at
torney general has been willing and able
to attend to the business himself. and
from which he has been excluded by an
order OF the district court, and control of
said cases given to the county attorney ?''
Upon this 1t is held that the acts of the
attorney general, having for object the
dispensing with the services of the county
attorney IN these cases, and the conse-
quent saving of his fees to the state, dad
not relieve the county attorney from his
official duty to represent the state in
them, nor deprive him of his rights upon
Its discharge. One officer cannot benefit
the state by the voluntary performance
of the duty of another, nor at his ex-
pense.
3. The two accounts for fees in felony
cases received at the comptrOller's Office
after the appropriation therefor had been
exhausted, were properly disallowed as
credits upon the judgment upon which ii
was intended they should be applied.
The county attorney can not be censured
for receiving these accounts, having been
authorized to do so by the comptroller.
As the judgment to that extent remSin
unsatisfied, the fund pro-tanto from
which the commissions are claimed, does
not exist. They can not be allowed until
the fund is realized.
9. The state RECEIVERS the 10 per cent.
retained as commissions on the felony
fee cases 1927 80 and 1921 .70-S949.50 and
interest ut per cent from September %,
1881, ms damages. Total $3.50. AS to
the other claims the state takes nothing.
Costs are allow ed In one motion.
lSigned] A. s. WALKER,
Judge Sixteenth District.