The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-27
|s,NION IN STEWART CASE.
n. Gee Cited aud Direct Issue
TAKEN Nth the Finding.
|;apr CRIMINAL APPEALS IN ERROR
....,on was Amended in 1901
the Exact Point Raised
By Judge Davidson.

als,,Jed question IN u case from harris
seunty, First district. =, ,,a ,,,, =,
Ap p.sh olding his office under the char
Hous.o.us Nj cjty. which is pablic law Of
v q ~ courts are required to take ju-
vbNs a,,ce From time to time. there
fcae n.,,,iuted prosecutions before the city
~ against persons charged with the
e eou. of acts which are defined as
e ala.as bv the penal code of this State, and
~ wsre misdemeanors OF which a Jus
sssa ,ha peace would have Jurisdiction.
~, ordinance made these acts olIenses
es the city. The appellee, through his
..-ty represented the city in these prose-
..,,rs having been requested TO do so by
~ ss. rIiy recorder. No judgment was en-
"a upon conviction except the simply mo-
wv ~. ~ ivulltyp or pleaded guilty" and
= N. 0ne assessed and costs taxed. Among
VIZ s,.,s we're included fees of the city
!.,., s. equal to those allowed by the Code
y Criminal Procedure for like services
a. rendered BY the district and county
.smneys. Harris county had no county
.~,,ney. but had resident criminal dis
4, attorney.
/, ,he time these prosecutions were con-
A,s,ea a resolution of the city council
m inc compensation of the city attorney
!, ssiO per annum, 10 per cent commissions
! money collected by him, and such fees
/, uIsht be allowed by ordinance. An ordi-
,,rce allowed him fee of 81 for each
ncyiction for violations Of City ordinance,
4 IA taxed against defendants and col
lind as costs. City convicts were TN
so,sd upon the public works of the ooun-
n IA accordance with the State laws leg
slatjrg such proceedings concerning county
rooyicts
This suit is brought by the appellee TO
recover Of the county the amount OF the
hes 50 taxed in his favor by the recorder,
d ayment of which the county obtained
he services of the persons thus charged.
Question /. Having received the ser
yices Of the persons SO convicted OF oh9nses
h payment OF the fees allowed, is tie
puniy responsible for such fees. regardless
I answers which may be given to the sue
redng question?
This question is answered in the resa-
he. Under article $500, Sayle's CNil
aired 10 pay to officers are such as have
Zen legally adjudged against the coIf!Ct.
The officer had no right TO collect the
hts as against the convict, the county
tpuh be under no obligation TO pay he
10 claimed OF it by such officer. The fact
~ the county may have Illegally Gppro-
tated the labor OF the convict would not
fss a right against the county 10 m eff
nclalming fees against such illegally colt
rted person.
Question 3. WAS it the official duty or
MT Of the city attorney of Houston to
Enssut the State in such prosecution
ne city charter OF the city OF Houston
Raioh 1877 makes it the duty OF The ely
enrey TO represent 1.-The State in peTaon
" deputy in he recorders court, II
1Htssary. when requested 10 do so. II
y legislature had the power under the
ristution to confer the authority, The
Esuage Of the charter quoted is stuff
cis to authorize and require be ,lty at
kEJ q the city OF Houston 20 represent
g State under the circumstances named.
iaA ,nsver renders unnecessary an an
GNhs fourth question certified
n Quetna5 If The third question be an
Ngtd IN the affirmative, is ,he city at
sofnu Entitled to compensation such as
assd district or county attorneys
iaf lke services In similar cases, or Is lie
mrusd TO the salary fixed by the city
eearAuee!
ne City attorney would be entitled to
1sam Compensation as would b. payable
county and district attorneys for like
htl@e. The ordinance mentioned cnly
described the compensation q the city
s'@ney Tor services rendered TO the city.
~ city council has no authority 10 pre-
ki'oe lees for city attorneys wha.c Ne Iep-
Hsehled the State in criminal cases
question 6. DO the facts that no af-
.aasi's were made and no judgments en-
yea against the persons tried for the Of
sases, affect appellee's wight TO recover
aaer the facts stated?"
a complaint in writing. charging the par
ae State was necessary in each case to
ny The recorder Jurisdiction, unless the
.se was included in one of the exceptions
saIea In the Code of Criminal Procedure;
judgment entered without written
~.palnt having been made, except in the
stance stated would he void. and would
ny county the fees claimed in such cases.
Atts, s3s and 9s7 G. G Pr No formal
,aosment was necessary in the Justice
WY and none would bo required in the
,s'ers court. ANY entry showing the
'puN Is sufficient Judgment.
aeufrng to the second question pro-
rs ,..'s We answer that. under the con-
,..aion and laws of The state. and the
-, y, s,narter OF the city of Houston, the
ssv'ler Of the city of Houston nad turls-
.st as Of violations Of the penal COLO. of
sna Justices of tho neace Ynuld lave
ssaction. ARTICLES rs and 900. Code Of
animal Procedure section IA cnarter of
Wy Of Houston. } THE Language of the
~ article cited above is clear ana de-
M, specific intent on the mart OF the
s'ure, II the legislature was act pro
ssd by the constitution 10 enact lie
: Tie recorder had all OF the judicial