The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-12-24
, clerk Eutitled to Only One
Dollar.
hpa1E OPINION ON THE MATTER
Attorney General Goes into
..ser thoroughly and Gives
seasons for His Ruling.

rwenty-fifth legislature:
Tidwell, Esq, County Clerk, Mer-
Texas;
Sir: In your letter of recent date
department. you PROFOUND the fol-
question: What are the legal
nder the law as it now exists for
and recording a marriage l,ccnsc
eordlng the return thereon?'
sply to the above question l beg to
Il In a letter dated December 10
T,albreath, county clerk, Corslcana,
this department expressed an opin-
he effect that under the new fee
\ special session Twenty fifth legis-
chapter 5, page 5, the county clerk
entitled to fee of 81 for all SER
prfornled in connection with mar
Licensees; that is, for issuing, To-
, the license and the return there
n said letter to Mr.. Galbrealh
stated my conclusions without eiab-
the reasons upon which said con-
a we're based; but since it appears
Is almost an unanimous opinion
county clerks that said opinion is
Ions. | shall in this letter give you
[ssons for said opinion in full. Ad-
h TO my opinion, it is commended that
clerks are entitled to the following
or services performed in connection
marriage licenses, to-wit: "a For
and recording marriage license, 81;
recording the return of any mar
|llcense, SO cents. total fees, $1.5G.
POINT of disagreement is as to the
30 cents for recording the "eturn CT
marriage license. They contenGing
bey are entitled to said fee, l holding
contrary. The right to charge said
80 cents for recording said return IS
BY some upon the contention that
be of so cents accruing under the fol-
clause of section % of the new fee
Viz: Recording return of any writ,
any such return is required by law
Returned, the amount of so cents"
krs admit that said above quoted
has no application to marriage IL
but contend that they are entitled
d fee for the following reasons; "a
by article 295S, Revised Statutes 1895,
turn of marriage license is re-
to be recorded by the county clerk;
bat by article 2l57, Revised Statutes
n fee Of so cents is fixed for record
kid return; go that by section % of
er s, page IS NEW fee bib. act fpe-
ksslon Twenty-fifth legislature, II is
Bed. ut is not intended by this act,
tsr, to repeal the present laws with
3 to any fees, except where there IS
.tlict between the fees prescribed by
Existing laws and the fees prescribed
b act ti) that the act OF the special
h Of the Twenty-fifth legislature,
|er 6Nfee bib. is silent upon Inc
cn Of fee for recording said re-
d the above four propositions as
THE following is drawn: There being
DIVISION in chapter S, acts of special
h Twenty fifth legislature in con-
With that provision Of article 2457.
"a Statutes, fixing fee Of so cents
'c0rdlng said return. 1t, therefore. fol-
that said provision OF said article
Revised Statutes. is not repealed by
r. 8 flee bin, acts special session
fy-fifth legislature.
us examinethe two views expressed
In the order named.
rs the county clerk entitled to fee
cents for recording the return of
fge license by virtue of that provision
ftion %, chapter 5, acts special SEES
Twenty fifth legislature. reading as
rs: Recording the return OF any
when any such return Is required by
10 be returned. the amount of 90
prder to entitle the clerk to the fee
this provision. a marriage license
|be within the meaning OF the law. a
|Ths proposition Is too plain for argu-
What is the legal definition of the
witt" A writ is, in lis general
ing, mandatory r~acept Issued by
ptnority and in the .'ome of the State
e purpose of compelling the doing of
nlns therein mentioned Bouvier's
dictionary, 81 How. Pr. (New York
u. Court. S62). Rapalje & Lawrence
pctionary. A marriage license, i is
" Issued in the name of the state.
PES not compel the marriage of the
' therein named; it is not mandatory,
tbs II compulsory. 1t only authorizes
erriage OF the parties therein named
emission given by the State for a
male and female TO margin other
, mere license. This Is apparent
we LOOK into the meaning OF the word
I. License may be defined generally
ppefmission to do an act. Anderson's
,,ruohafy. 1t would cause great eou-
uua TO some to say that marriage
ss mandatory precept Issued in
,,as OF the State for the purpose OF
'alg the parties therein named TO
each other. Indeed | can conceive
5000 reasons for the contention that
',.ase license is writ. The law
y and that name is license"
70 the second contention that THAI
OF article PAST Revised Statutes,
,Atag a fee of 90 cents for recording
urn OF any marriage license is not
~ by any provision of the new fee
1oeeause of no conflict, | may say
IVY ~ would be some strength In The
"on ana the conclusion would be
al the assumed premises form
basis of the argument were COR
w herein lies the error. II is as
90. the old law (article 2457, Re-
rraaeutes), fixed fee for recording
Il. OF marriage licenses. Is this as
~ ~ correct? here quote so much OF
- ~, as is applicable: Issuing each
rs license 81; recording each mar
,ssnse ard return so cents"
quite so much of section 2S, chap
So OF the special session Of .he
!, u'.n legislature. as Is applicable:
: ana recording marriage license
~ any fee fixed by either for re-
- sne return only2 In article 24a7 |
~ <. cents is fixed both flr recording |
's va license and the return; no
AN Tor doing singularly the one
nut a fee is fixed for dong /
~ Is. recording the license a-d
Il. now much of said 50 gents fee
1, recording the return only2 How |
~ as,eorains the license only? Surely |
! ss ~ tor the doing of either. for to |
Il - cents both must be done. 1t Is