The San Saba news. [volume] (San Saba, Tex.) 1873-1966, 1889-01-11
After Hogg.

dAC pau ny e--
clerk, Glover, Of Duyal County,
disagrees with the attorny general
in this matter, and gives vent to
his feelings in a recent issue Of
the San Antouio Express as fol
lows:
I'VE are in receipt of two circu-
lar letters, one from the attorney
general to the comptroller and the
other from the comptroller to the
sherias and district clerks Of the
state at large, which letters we
think are unjust, unfair, and alto
gee7er a misinterpretaticn Of the
law.
In speaking Of the clerks fees
we copy the following extracts from
the attorney generals circular
letter:
Is a case when merely dismiss
ed finally disposed off Not nee
essarily So "a certificate OF
statement showing that a case was
dismissed simply conveys the sig
MITIGATION ordinarily applied
to the word and cannot establish
the clerks legal right to the fee of
five dollars that would have been
due him il the case had been final
" disposed Of All courts, officers
Hogs? and lawyers certainly
understand the distinction of the
two terms. When the case has
been finally disposed of by trial or
dismissal, which, in connection
with defendants death or imita-
ton at the time, legally ends it,
then only is the clerk entitled to
the five dollar fee prescribed in the
statute Applying this rule you
are respectfully advised to require
all accounts presented by the dis
trict clerk for fees due in cases
dismissed to show and to satisfy
you that they are both IN law and
in fact finally disposed Of
The foregoing is purpolted to
be the written opinion of the at
torney general to the comptroller.
Now, while moi being blessed with
any surplus legal knowledge or
talent, still We beg to differ land
If We clerks don't whose duty is
it2) in the Interpretation By plain
facts.
Isa case when merely dismissed
finally disposed OF We think,
and so interpret, necessarily yes
for the following reason: Though
the crime nor the accused is neith-
er finally disposed Of by said ac-
hon, We claim that the particular
case dismissed is certainly dispos-
ed Of by said action, we claim that
the particular case dismissed is
certainly disposed Of for them and
forever. Each case has a distinct
and separate number, and each
number forms a distinct and sep
arate case, Each case is known
and distinguished from others of
similar character By the number it
bears, and each number distin-
cuisines and identifies beyond a
doubt one case from another, al
though similar III ali other respects.
wherefore we claim that if case
No. 400 is dismissed the particular
case is disposed Of forever, though
the crime and accused may not be
and if the case is finally disposed
OF, in the language Of the law. art
1856 page I25 C. c. p, the clerl
Of the district court shall receive
for each felony disposed Of with
ont trislfive dollars. We say We
have done our part, and Justly
claim and are entitled to the fee
allowed as the law eontemplates,
Although the crime may be re-
vlved the same number could not
therefore though against the same
person and for the same offense
by the necessity Of having a new
number VIC are Of the opinion tina
It would be a distinct and separate
case. Allcourts, officers Hoggs?
and lawyers certainly understand
etc.
The article fIO56) I have referr
ed you to, makes no mention o
the necessity Of the death of th'
accused or Limitation Of the crime
as an excuse for the dismissal tt
constitute final disposition 0
a case, nor do articles 1858 anc
1859, page Log, C. c. P, which tel
us how our accounts shall be pre-
ssnted and by whom approved anc
audited, and by whom paid, sa,
anything about tbs necessity Q
our accounts Of cases dismissel
being accompanied by certifcat
OF the death Of accused or limits
ton os the crime, nor does It cor
template any such certificates; no
do said articles, or any other
which 7 have seen. say that our IA