El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-08-31

ness.

County Attorney Harvey is going
after his rights in the recorders court
and will institute mandamus proceed
ings for the city recorder to charge a
fee for the county attorney in ell cases
that are tried where there is state law
covering the cases being tried under
city ordinance of the same character.
These mand Janus proceedings are
brought under a late decision of a court
wherein the Judge decided that the
county attorney was entitled to his fee
from all the inferior courts OF the
county. The case referred to was
published in the HERALD last Satur-
day The suit is based on article V,
section 81 of The C institution, which
says: ga county attorney, for counties
in which there is not a resident Grimm
al district attorney, shall be elected by
the qualified voters OF each county, W no
shall be commissioned by the governor
and hold his Office for the term of two
years Il. The county attorneys
shall represent the state in all cases in
the district and inferior courts in their
respective counties. This
clause of the constitution justifies the
county attorney in bringing suit for
writ of mandamus, claiming that the
recorders court is an inferior court OF
the county and the decisions so far
rendered have been favorable to such
suits. The cases thus covered are such
cases as carrying deadly We apons.
lighting gambling, prostitution and
many other cases that can be tried
either in the Justices or recorder s
court and in all these cases the county
attorney will claim his fees which are
SO when be prosecutes or IS where a
plea of guilty is entered. Proceedings
will be brought before Justice Buckler
just as soon as he returns to the city.
blicatiOns has gone into effect which
makes 1t pena offense to publish, sell
or gratuitOusly distribute sensation
al or lewd books or papers. Section l
of the law reads: BE it enacted by
the state of Texas: Every person or
persons, wh) shall within the state,
engage in the business of editing, pub b.
fishing, Or discriminating any news
paper, pampales or magazine, or any
printed paper, devoted mainly to the
publ cation of scandals. prostitution,
lechery, designations, intrigues be-
tween men ana women. and immor al
conduct of persons; or any person or
persons WHO shall knowingly have in
mis- or her possession for sale or des-
tribute, or IN any way assist in the
sale, or shall gratuitOusly distribute,
or give away, any such newspaper.
pamphlet or magazine, or printed pa
per, in this state, shall be deemed
guilty of felony, and Ga conviction
thereof, shall be punished by 1mprl-
sonment in the penitentiary for a term
of not less than two nor more than five
years."
The Knights of Labor are preparing
for grand time on Labor DAy-Mon-
day, september &. the prog ram is for
parade to start from the city hall at
O'Clock p. m, and after the parade
the Knights will hold a social session
at their nal. AT night there will be a
grand bali for which two hundred
tickets have already been sold. The
committee of arrangements intiueIc I'd
a number of merchants to decorate
floats and put them in the parade. the
fire department., mayor and city cOun-
Gil and the police force have also been
invited to join in the parade. The
McGinty band will be secured to fur
nish music for the parade. The mar
sha of the day have already been ap-
pointed and a;e II. F. Boon, D. Y.
Hadley and Ben Catlin. The unique
part of the parade will b. that all
Knights will be required to wear blue
Jumpers and overalls. This will be
the first grand turn out of labor in
this section and it Is to be hoped that
nothing will be left undOne to make it
u complete success.
ROJTND AROIJT