The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-07-04

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following expression in res ard to the law
upon which you ask an opinion, to-wit:
"Whereas, Said law, as now Interpreted
by the attorney-gener and comptroller,
will result in the bankruptcy OF many of
the sheriffs OF the state if
they perform all the duties required of
them by law for the fees allowed them;
| therefore, be it
Resolved, That we pledge. ourselves to
use our influence with the next legislature
to have the laws so amended that sheriffs
will receive a fair compensation for the
work performed by them; and that we
pledge ourselves to vote for only such
persons as are candidates for any execu-
tive or Legislative Office in this state as
will pledge themselves to vote or use their
influence for such amendment to the law"
Once before similar request was made
here, unacoompanied by such resolution
as the foregoing, and full, courteous and
seemingly satisfactory explanation was
given to the messenger by the attorney
general why an opinion could not be given
by him on such questions unless
Il comptroller desired it. Therefore you
are respectfully informed that an opinion
cannot now be given you for two reasons;
comptroller's department.
Second-It has been presented by
committee from political convention, as
shown by its proceedings, and not by Of
fcers seeking information as to their
rights or duties.
No construction of the law in question
has ever been given by this department.
to anyone. Pending, now, before it is
| L. k6o ,Ntr nll frn Nifnrn inn
only on subdivision one of that law which
relates to the fees that should be paid
sheriffs for making arrests, and for mile
age necessarily travelled while going and
returning in executing warrants.
An answer to this hae been prepared
which the comptroller will receive to day,
SO that part of your resolution which
charges the attorney-genera with an inter
probation of the present law was entirely
voluntary and inaccurate.
Before and since the law took effect the
com ptroller has consulted the attorney
general upon the legality of many &C
counts presented by sheriffs, which he has
been often advised verbally to scale or not
to pay because they were deemed extor-
tionate AID illegal. If such advice has
had the effect of bankrupting any of those
who claim fees on such accounts
| the law alone is at fault.
On the complaint of inadequacy of fees
it is hardly out Of place to draw your at
tention to the fact that the records show
the sheriffs are the best paid officers in the
state. Many of their accounts seem very
large if not excessive. The money, which
they at different times have lately received
on accounts from the state for services
rendered at single terms of the district
court clearly demonstrate that they are in
deed very literally rewarded for their
work. The sums of $2156 .65; $2,156.75;
$2,3O7 65; $3,09405; $3,8S579; $3,801.65;
$3731,80 and $5,138 are the aggregates
respectively of few accounts submitted
by the comptroller to this department for
inspection. Each amount shows the claim
for fees earned at single term
of court by the sheriff presenting the
same. When it is known that the district
courts hold two terms year, and sheriffs'
accounts are paid at the end of each
term; that they are also allowed ex-officio
salaries by the commissioners courts land
fees for keeping prisoners; that they are
paid good fees in civil cases in the dis
trict courts, and fees in criminal, civil
and probate cases in the county courts (;
that in all counties having a population
of less than 10000 they collect taxes, for
which they receive liberal compensation |;
that they average in fees an amount an
nually equal to the salary paid district
Judges, and that some of them make three
times more each year than the salary OF
the chief justice OF the supreme court;
then the charge that they are being OPP
pressed by strict adherence to the law
must be heard with some caution.
Before leaving this subject, it is but
just to tell you that there are also many
accounts filed in the comptroller's Office
that have been presented here for exam
ination, showing that sLeriffs have charged
the state mileage from 5000 to 10000
miles, which they claimed to have travelled
10 the service of criminal process at one
term of court. Before this department
now are accounts for the mileage which
these officers have sworn to have Travelled
in the execution of process at single
terms of their district courts. One
being for LOCO, another for $4,000, an
other for $4,000, another for $1,000, and
still another for $4,000 miles. Some one
of these accounts show that few of said
officers heve Travelled more than the dis
tanoe around the globe for one term of
their court, for which they charged the
usual fees against this state.
Candor compells the admission that
many times the encouragement and the
com ptroller have been mutual in their as
constituent at such exhibitions of official
industry, and if diligent investigation into
such accounts or strict ap plication of the
law has been made to them, the protection
of the public treasury alone was in view.
Very respectfully, j. s. HoGd.
EDUCATIONAL DEPARTMENT.
Superintendent Cooper and Chief Clerk
Thweatt we're at their desks yesterday,
having returned from a sojourn in Gal