San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-02-28
DE Wits OPINIONS.
THE COUNTY ATTORNEY CALLS
DOWN THE GRAND JURY.
Gives the Commissioners Pointer Regard
ing Gases Tried on Change of Venue
Rev. Roses Petition Rejected.

lNSl'lustg StNNlOl vi kLlC NOuhAN
commissioners court wasof ratherun-
usual Importance. A number of pc
titions which had been presented to
that body the past week and had been
referred to the county attorney for
his opinion, were before the commits
SiOnerS for their approval.
The most important of these was
the claims of Daniel Collins, George
Benjamin. Il. c. Knight and William
Figh for four days work each as eX-
pert examiners of sewer work done
on outfall sewer in San Antonio. by
order of BeXar county grand Jury ut
the last November term. In this
matter the county attorneys Opin-
ion is as follows: THAT the
grand jury acted in excess of their
powers as limited by our statutes in
appointing committee for the pur-
pose stated, or for any other. The
district judge, upon the request of
the grand jury, may appoint COM
mittcc consisting Of three citizens of
the county, experienced accountants.
TO examine into the condition of the
finances of the county. said commit
to1mCn shall each be entitled to re-
cCivC for their service three dollars for
each day. not to exceed five days that
they may be engaged in the perform
ance of their duties as such. which
fees shall be paid out of the county
treasury upon the certificate of the
district judge. This is the only in
stance known to ME when q committee
can be appointed for any purpose, and
that it will be seen is for a specified
object, and done by the district Judge
at the request of the grand jury. The
grand jury may be said to be an in
dependent body but they are in many
respects subject to the control of the
court, and dependent upon it for the
exercise of powers necessary to the
prosecution of their inquiries. 1t is
my opinion that payment of the above
named claims should be refused"
After considering this report the
court decided to refer the matter to
Judge Green, of the Thirty scventh
District court for his opinion.
The report of the county attorney in
the claims of Kendall county against
BeXar county, for expenses incurred
in the payment of jurors in the Chill
dress case on change of venue from
BeXar to Kendall county was filed
with the county clerk yesterday, but
has not yet been acted upon. In his
report the county attorney quotes the
law, which says that the county
from which such cause is removed
shall be liable for all expenses incurr-
ed" He adds: I'VE can set up the
plea of limitations as to the first NAM
ed claim for 500, but it would be at
the expense of our dignity and good
name. BeXar county has tried num-
berleSS cases on change of venue
from Travis, La Sale, De Witt and
other counties at heavy expense TO
herself, for which she has never put
in claim. | would advise the APP
pointment by your honorable court
of some qualified person to examine
the Sheritf'S books and learn what
counties are indebted to Bexar county
and in what sums. The G. c. +. Art.
1914 y. makes it the duty of the
county commissioners of each county
in the state, at each regular meeting,
TO ascertain whether since their last
meeting, any person has been tried
for crime upon change of venue
from any other county and if they
snail ma SUCH 10 DE the case IL Sudll
be their duty to make out an account
against such county from which such
case was removed 1t is my
opinion that the claims of the county
of Kendall should be paid
\ petition of Rev. G. .. A. Rose
10 exempt lot on Evergreen street,
which. he says, was given him by
Lucy O'Sullivan for church purposes,
from state and county taxes, was re-
iected. Rev. Rose claims in his pc
tition that the lot can be used for moth
ing else. and it seems that it has not
been used for church purposes. This
matter had also been referred to the
county attorney. The latter referred
10 the statute, which says: Public
school houses and houses used ex-
clusively for public worship shall be
exempt from taxation" He adds that
the property in question is not now,
nor has it ever been used for either
nurpOSe stated above.