The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-10-31

/
seems TO have CONSIDERS, that the
town, having voluntarily pass Weels
this salary, under no misappreifss4s
of facts, could not recover it bao-
However, true this may be as a gem
eral proposition, it ought not to be ex-
tended to cases where the officer so
wrongfully receiving payment was
member OF the council or board which
ordered payne mt. This would enable
every municipal body to evade the stat
utory restraints imposed by the stat
utes. They might vote themselves
extravagant salaries after their induc-
ton into Office and when they had once
received the money, set the munici-
pality at defiance" [Texarkana VS..
Weeks, s. S. w. Rep. 504
In the opinion OF this department,
money paid to the county Judge as
compensation for his services in con
nection with the public schools in ex-
cess OF the compensation prescribed
by law, may be recovered back at the
suit of the county, whether the same
was paid under mistake Of law simply
with full knowledge Of the facts or
otherwise. Such suit could be
brought only upon the order of the
commissioners court. Loosean VS..
Harris County, So Texas. oil
1t may be added that any officer
who willfully demands or receives fees
in excess of the amount allowed by
law is liable to criminal prosecution
therefor; and his conviction would
work a removal from office. Penal
Code, art, 24O Breckenridge VS.. State,
III 5. W. Rep 620-]
The state superintendent is charged
10y law with the general supervision
OF the school affairs OF the state. An
important part of this general super
vision is the duty Of guarding to the
extent of his legal responsibility the
expenditures of the public school
fund.
Assuming that the letter Of advice
is binding in the Interpretation Of the
law, | must respectfully ask that your
honorable court take such steps as are
indicated in said letter to recover the
amounts paid in excess OF what the
statutes prescribe, and thus protect
the school fund.-
Very respectfully,
OSCAR III. CooPER,
State Superintendent Public Instruc-
ton.
EXECUTIVE OFFICE.
There was nothing in the executive
office yesterday of special public in
terest.
ADJUTANT GENERALS OFFICE.
With reference to the call for rang
ers for Wharton county General King
says that the only trouble anticipated
was over the trial Of Kyle Terry, who
killed Gibson some time ago. Judge
Burkhart, of the Wharton county dis
trict court, applied to the governor
some time ago for troops but subse-
quently telegraphed Captain Jones, OF
the rangers, that he would not be
needed. The sheriff OF Wharton
county called on the Victoria Guards
to aid in keeping the peace.
STATE DEPARTMENT..
The East Side Building and Loan
association, of Denison; capital stock,
S65, 900; filed charter in the Office OF
the secretary of state yesterday. In
corporators: Il. S. Frye, William A.
Holmes, Frank w. Styles, ]. William
Perry, Charles II. Wood, Arthur H.
Coffin and Harrison Tone.
The Dozier-Weyl Cracker company,
OF st. Louis, capital stock 5000, 900,
also filed charter.
AGRICULTURAL DEPARTMENT..
The financial statement OF Houston,
received at Commissioner Fosters Of
flee yesterday, shows the following;
Tax rate, per cent.
Receipts from oil sources last
~, yeur, ~. '...s. .........,p zz,4U1
Disbursements. ................. 20g,b78
Value Of property owned by cor
- PoIauon. ''......,.........,t,. 40,Uy
Bonded debt ............... 1852. 485
Floating debt. ....,..,............ 0.069
The report from Waco shows the follow
ing:
Rate Of tax, $1.6s on the 500.
Receipts for the year .,........,.$ Hail.
------r----