Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1889-07-04
TO THE SHERIFFS.
Why Attorney-General Hogg Does Not
COnstrue the Law as to Fees.
Compensation of Sheriffs in Comparison With
the Salary of the Chief Justice of
the Supreme Court. <
ATTORNEY. GENERALS OFFICE,

AUSTIN, lex, June Is, 1883.
Messrs. Love and Reagan Committee of Texas
Sherihs' Association.
BY letter of the. 10Th inst, acting as a
committee appointed by the Texas sher-
Ifs association, you request an opinion
of this department constituting the law
passed by the last legislature as to fees
that should be paid sheriffsr by the state
for services rendered in criminal cases.
Among the reasons given for this ac-
ton on your part you state that you are
unwilling to accept the ruling in this
regard made Oy the comptroller. -
Accompanying your letter is a copy of
the resolution under which you act and
also this department has before it the
other resolutions and proceedings of the
sherlffs convention which appointed you
as q committee, and among them is the
following expression in regard to the
law upon which you ask an opinion, to
wit:
fWhereas, said law as now inter-
preted by the attorney general 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 now
allowed them. Therefore, be it
Resolved, that we pledge ourselves to
use our influence with the next legisla-
ture to have laws so amended that sher-
ifs will receive 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
mill 1nriCr
their influence for such amendment to
the law. -
Once before similar request was made
here, unaccompanIed, however, py such
resolutions as the foregoing, and q 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 ques-
tiOns unless the comptroller desired it
Therefore, you are respectfully informed
that an opinion can not now be given You
for two reasons;
/. The question belongs to the comm
troller's department.
2. It has been presented by a COM
mittee from a political convention as |
shown by its proceedings, and not by |
officers seeking information as to their |
rights or duties.
No construction of the law in question |
has ever been given by this department |
to any one. Pending now before if is |
a request by the comptroller for an |
opinion only on subdivision l of that |
law which relates to the fees that should /
be paid sheriffs for making arrests
and for mileage necessarily travelled |
while going and returning in exc
cutting warrants. An answer to
this has been prepared which the COMP
troller Will receive to-day. So that part
of your resolution which charges the
general with an Interpretation
OF the present law was entirely voluntary
and inaccurate.
Before and since this law took effect
the comptroller has consulted the
attorney-general upon the legality of
many accounts presented by sheriffs
which he has been often advised VERBALLY
TO scale or not to pay. because they were
deemed extortionate or illegal. If such
advice has had The effect of bankrupting
my OF those who claim fees on such ac-
counts, the law alone is at fault.
On the complaint of inadequacv of fees
I is hardly out of place to draw your al
entfon to the fact that the records show
he sheriffs are the best paid officers in
he state. Many of their accounts seem
-ery large, If not excessive. The money
which they at different times have lately:
ecelved on accounts from the state foAsl
ervices rendered at single terms of the |
district court clearly demonstrate that
hey are indeed very literally rewarded
or their work. The sums of S2I56 .65.
2l56. IS, S23o9. 65, S3094 .05, $685. 20,
5S0l So, S393I 80 and S5I3S 90
re the aggregates respectively of +,
few accounts submitted by the
comptroller to this department. for in
pectiOn. Each amount shows the claim !
Or fees earned ar single term of court {
Y the sheriff presenting the same.
When it is known that the district courts
old two terms year and sheriff IS ac- l
cunts are paid at the end of each term; !