The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-05-28

|
lGoVERNoR HoGG CALLED ATTEN-
| TION TO 1T.
Showing the extent to which the COM
pensation of county officials has grown,
THUS unnecessarily burdcning the people
and offering occasion for political dlctation
and corruption, Governor Hogg said in his
message in 1925; I'm some instances in
this State it is we'll known that "a single
county official receives fees and salaries
in the aggregate far In excess OF the three
supreme court judges or more than the
governor, attorney general and treasurer
all put together. Many others receive more
than any district or supreme judge or any
State officer There are plenty OF men in
the service OF counties that before election
could be employed at from $50 to SIS per
month in private pursuits, but on going
into office receive fees and salaries from
| $4,000 to $l2 600 year"
LEADING FEATURES OF AN EFFECT
I'VE LAW
The necessity for this legislation plainly
| existing, II becomes important to inquire
| into its leading features. Manifestly the
controlling principle should be just com
| pensation for the services rendered and
not an opportunity to make money at pub
| lie expense II should protect the State
| treasury as we'll as afford relief to individ-
uais and lltgants. The money which Is
| paid by the State as fees in felony cases
paid by every taxpayer, and consequently
reduction OF these operates far more
generally for the public benefit than re-
| iuction of fees paid by comparatively few
citizens who have occasion to engage In
| law suits.
SCALING METHOD" HAS IMPORTANT
| ADVANTAGES.
| What has been termed the scaling meth
cd Of reducing fees that is reducing the
F.- Nah -f.e Nfs-a hos ~,
| its general features 1t appears 20 me, i'm
portant advantages over the system which
merely limits the aggregate OF fees CAcn
officer may receive. The limitation svs-
tenn requires complex bookkeeping. .
turn OF any surplus to the county or state
treasury in proportions difficult to esti-
mate and removes a stimulus FOR the per
Torrance OF official duty after the limit is
reached. The scaling system leaves the
money in the hands Of the taxpayers in
fees paid by the State. avoiding assessment.
collection and return of any surplus to the
State treasury, and leaves the money In the
| hands of litigants IN fees paid by indi-
viduals who are entitled to IT, instead OF
taking it from them and putting it into
the county treasury so much more than
their share Of taxation.
LIMITATION PLAN DIFFICULT OF AP-
PLlCATION.
Except In the case OF district attorneys,
who are paid entirely by the State. tho
Limitation plan is difficult OF application.
because in some instances compensation IS
paid by the State and counties, and In
others by the State. counties and indlyid-
uals The good in the limit plan which is
found in fixing definite aggregate sums
may be approximated In the sealing plan
by adjusting the ratio OF reductioa as TO
reach substantially the same results.
II seems 10 be objected to the scaling
plan that It viii work injustice to offieials
in small counties by reducing fees, while
now they barely afford a livelihood, but
this need not be an insupcrable obstacle.
NEED NOT APPLY TO ALL COUNTIES
ALIKE.
The constitution does not require uni
form operation ot such law throughout |
the State. Any deserving fee system must |
rest upon the principle q. Just compensa-
tion. and II would not he repugnant to the |
constitution TO so frame a measure BY ref !
ereuco TO population Of counties as that |
the total compensation in the several coun- |
ties would be a reasonable reward for the |
labor performed. In fact. the uniform |
rule Of fees operating throughout the State |
has brought about the disparity of total |
compensation In officials which now exists, |
reasonable In some cases, high In some and |
exorhitant in others. ard rule less uni |
form In detail, but looking chiefly to fair |
remuneration in the aggregate, would be |
constitutional
a law OF ONO, limited IN operation 10 !
ono county, which regulated official fees,
was upheld by the supreme court Of that
State under a constitution far more re-
strictive than ours, state VS.. the Judges.
81 Ohio State, ~ a much stronger case
is found in Indiana, where ii was held
that statute in which the salaries of
judges varied With population was consti-
tutlonal, iState VS., Reitz. 81 Ind, 159,)
1t is also said that scaling process
which is not made applicable to all coun-
ties would concentrate business in the
larger counties where the separate items Of
fees We're smaller, but il occurs to ne that
this would be inapprecable and should not
weigh against the general good OF the
system. II could not possibly affect tho
treasurer, assessor collector district nj
iorney, county attorney or the recording
fees OF the county clerk. In rare instances
II might induce the institution Of suits in
tho larger rather than smaller counties.
hut with our VENUE laws and the small
snving in isolated cases 1t would be of
slisht consequence.
FELONY FEES SHOULD RE REDUCED
ONE-FOURTH
II the scaling system should be adopted.
tho fees in felony cases should be reduced
q per cent with reasonable reduction in
ciVil ices. and il should he made applicable ,
to every county in the State in which 5000
votes Were cast Mt the preceding election. ,
Repeal Of tho laws allowing fees In eX-
aiming trials and attachment OF witnesses
before grand jurles in foreign counties
would materially reduce official fees and
expenses Of attached witnesses without in
Jury to the public service. Under existing
law n is the common practice 10 issue at-
tachmentF in the first instance TO counties ,
other than that Of the trial and have
sheriffs carry the witnesses before the |
court Abuses of this law have been fro
queGt and scandalous. c
The per diem and the actual fraudulent
travelling expenses OF sherifts in such
cases can be saved by issuing subpoenas
instead OF attachments, clothing the court
with ample authority to punish witnesses |
for disohodience OF the process
WILL SIGN ANY BILL GIVING CONSTR
TuTIONAL RELIEF
While favorable TO the character Of meas I
'res thus outlined. any reasonable bill will
be annrnVad /