San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1890-06-26
SOME LAW POINTS.
WHO is RICHER, THE PEOPLE.
OR THE OFFICERS?
The Prosecution Farce-The Money
just Swapping Pockets.
To the San Antonio LIGHT.


see in this mornings issue of the EX-
PRESS that Sheriff Mccall says: IF
Judge NOOnan would issue an order to me
to close the gambling houses, would do
| it,
Strange expression for a sheriff TO make
use Of 1t has always been supposed that
the statutes of the state OF Texas were
| to be the guide of all state officers and
that in those statutes are the authorities
that Mr.. Mccall expects from Judge
NOonan. who really has less power than
Mr. Mccall. See Penal Code, Article 1863:
If any justice of the peace, mayor or re-
| corder, shall know the fact that an offence
| against the gaming laws has been COM
| mitted by any person, and shall tall or
neglect TO cause such person TO be ar
rested and prosecuted for the same, he
| shall be punished by fine not less than
twenty-five nor more than one hundred
! dollars"
Article 1863: If any peace officer
| shall know that any person has committees
an offense against the gaming laws, and
| shall neglect or fail TO give information
thereof through some justice of the peace,
mayor or recorder, having Jurisdiction to
try such Offense, he shall be punished by
! fine not less than twenty-five nor more
than one hundred dollars
The code Of criminal procedure (old
| statue, l49S, Wilson's art. 40 The fol-
| lowing are peace officers" The sheriff
! and his deputies. constable, the marshal,
constable or policeman of an Incorporated
| town or city, and any private person
| specially appointed 10 execute criminal
| process"
Art. As. = \ He (the peace Of
ficer) shall give notice to some magistrate,
of all OtfenSeS committed within his jul
risdiction when he has good reason to be-
lieve there has been a violation Of the
| penal law.
The reporter further says that by reaI~
son OF these fines the county is richer by
| s2,325 and that this goes
long way towards paying jury fees, etc.
Code of Criminal Procedure, Article
1112. The district or county attorney
| shall be entitled to 10 per cent. on all
fines, fOrfeitures or money collected for
the state or county, upon judgments re-
covered by him. and the clerk of the court
in which such judgments are rendered
shall be entitled to 5 per cent OF the
amount of said judgments, 10 be paid out
of the amounts when collected
"Articlc lll3. The sheriff, or other Off
Ger, who collects money for the state or
county under any Of the provisions of this
code, except jury fees, shall be entitled to
retain per cent thereof when collected
So that out of fines - deduct 20 per
| cent. which amounts to S465.
! Then deduct what it takes to pay the
grand jury to find the true bills, say at
least one day which amounts to not less
than so. The SummOnng of that grand
jury, for which the sheriff gets paid-the
DailitfS in attendance in that body-the
SummOning Of witnesses to appear before
| them and several other expenses, for
| which $50 is low estimate.
Then on the trial the District Court has
two juries, which cost, including sheriffs'
fees for SummOnng them, etc, not less
than 800
Say there are of those convicted forty
two persons, each of whom is to serve ten
days imprisonment. The sheriff is al
lowed code criminal procedure, Art.
1865. sub. div. - thirty cents per day for
the keeping OF the prisoners, which footS
up $l26.
Art. 1866 allows the sheriff $50 day
each guard, necessarily employed in the
safe keeping of the prisoners, all of which
items are to be deducted from the fines
paid. So the county cant get very much
richer after all.
But how about the officers of the court?
The district attorney gets, &C. c. .. Art.
| 1890, sub div. H. For every conviction
under the laws against gaming
Sl5; 81 cases 81 $50, 10 per cent of the fines,
S232. 80: 81 $3.50.
The clerk of the court gets something
like five dollars iE each case, say $500, to
| which add his commission on the fines
about SIG. $3.50.
The sheriffS fees and commissions will
amount TO something like $500.
So that gaming in this city of ours pays
certain officers a real nice little sum of
money. When it is further considered
: court during each year, and that these
gamblers are fined at each term of the
court. a CITIZEN TAXPAYER.