The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-01-24

Attorney Generals Office
third Office assistant. 1000 %
By reduction of expenses of
Colored Deaf and Dumb oo
Asylum. l,ooo w
Orphans Home. ....... 1000 COL
DEPARTMENT. W 1000 90
Total. ............. $771,74S %
To this should be added as
the estimated revenue from
new sources:
Excess of fees of county Of ooo oo
uCldlS. - $50 oO'oOO w
Taxes on insurance, express
and telegraph companies, 100 %
etc. loo,ooo w
Increase taxes on gross pas
senger earnings of railway 100000 ~
companies. AOo,ooo w
Grand total. 81, 121 ,74S 70
The question of limiting the fees of dis
trict and county officials and reducing the
expenses of assessing taxes have been
considered. The heaviest and apparently
the most unconscionable charges against
the State are those paid as fees in felony
cases, amounting to $721 ,377.45 for the
past year and effective legislation to cor
rect the gross abuses would merit the
gratitude of the people. Much of this I'M
| Just expense arises from the failure OF
witnesses to obey the process of subponea
| in the first instance, which necessltates
| the issue either of an allas or
an attachment, and may in part
be remedied by an amendment TO
the Code of Procedure, making the tine
penal which the court is authorized to I'M
pose, with power to imprison the default
| ing witness as for contempt. Experience
demonstrates that witnesses pay but little
attention to subponea under existing laws.
In nine cases out of ten after the service
of subpoena it is necessary to bring them
into court under process of attachment
and witnesses under subpoena at one term
of the court have to be subpoenaed and
generally attached at subsequent terms.
AS the law now is, with no regard on the
part of the witnesses for subpoena pro-
cess, in almost every case the sheritf's fee
bill for summonng witnesses in the county
of trial is duplicated, and in the ag-
gregate amounts to large sum:
As the law now exists the sheriff
is entitled to all Of his expense - money,
which includes car fare, hire of horses,
buggies. ETC., meals and lodging, which
are fixed at maximum of fifty and thirty
five cents, and in addition he is allowed
$3.50 per day for each day engaged in
conveying the witness to the county OF
trial, and in returning. His account is
made out now on blanks furnished IRON
the Comptroller's Office to the respective
district clerks, is sworn to by the o1ncer
handed to the judge for approval, gener
ally during the trial of some case, anc
when approved, is recorded by the DIS
trict Clerk in book kept for that pur
nose and the original given 10 the sheriff
. who presents it to the Comptroller as {
voucher for his pay. The law also pro
! vides that before the officer shall he en-
titled to compensation, he shall show by
the affidavit of the witness, and hlmsel
that the witness was offered an opportu
nity to give bond for his appearance
at the particular court and that he wa'
, unable or refused to do so. If this II
not shown the officer is not entitled II
, COMPENSATION; and if the witness havin.
. been afforded an opportunity to give bond
I and being able to do so, refuses to do so
S the witness is not entitled to compensa
: ton.
: The following amendments are suggest
: ed: :,
r Q) That the officer attaching wit
S ness be required to take him before TIL
: nearest magistrate and take his afhdavl
d of his inability or his refusal to give bonC
: before starting with the witness for tn
e foreign county, or in his affidavit ShoV
some good reason for failing to take tn
= witness DplOTe ii huSlolldtC' ihios
d complied with. will put the witness npol
e notice of his right to give bond, which il
, actual practice, is often not the case, a
: the affidavit is made generally before al
e officer at the trial court.
/ (2) That the original account and tn
n affidavit of the officer affixed thereto shal
= be filed in the Office of the District Cler
: and a certified copy made by the clerk
e on which the officer shall be entitled t
i his voucher from the Comptroller. TIL
e District Clerks should be made respon
r sible on their bonds for the genuinenes
o of the signatures of judges to these &C
= counts. Thousands of dollars have bee
v lost to the State by payment of forge
C accounts. This course would preser.v
b the originals in the courts for future IN
spection of the judges whose names ar
r often forged and when necessary Tor rel
t erence to the grand jury.
i (3) The officer conveying an attache
i witness to the court of another count
II should receive in addition to his Gctua
/ expenses only one dollar per day instea
S of two dollars and half as at present
d The service rendered in conveying an al
$ tached witness is not a hazardous O
: dangerous undertaking and is general
). performed by some deputy employed b
(, the month whose pay does not .eXcee
q one dollar per day. AS long as there
:. money 10 De UlduC Out VI tui5 Cnlldctt
u of service it is apprehended that the off
It Ger executing foreign attachments wi
IS not be dilgent to inform attached wi
nesses of their right to give bond and g
to court without the attendance of an of
Ger. If the law on this subject is S
amended as to afford ample opportunit
on the part of the attached witness
70 give bond and he is informed that he wi
receive his pay (actual eXpenses) Will
10 attending on bond, and all inducement
taken away from the officer to hurry III
witness off to court without affording a
opportunity to give bond it is believe
that the number of attached witnesse
No who are now conveyed to court by a
tending deputies will be greatly reduced
For every witness conveyed by an office
instead of attending on bond there
10 double expense account, and in add
ton. the per diem pay to the Office
10 which about duplicates the cost. Thes
accounts are generally presented TO ii
Judge in the midst of n trial. or viii
he is otherwise engaged, and as ii
- officer or witness is in hurI
to get away, the accounts are necessaril
PASSED on in q hurried and often pc
10 functory manner, and consequent
the ultimate approval of the account
10 to greater extent than under existin