El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-10-27
LAWYER S OCCUPATION TAX.
Indictments Returned Against a
Number of Persons In Tarrant
County.

A Fort Worth letter in the Dallas
News, O,t. "a says: AS the logical re-
suit of the visit OF State revenue
Agent Colo uitt 10 Fort Worth curing
q recent session OF the grand jury
about $50 indictments for
failure TO comply with the re-
ouirements of the occupation tax law
ere returned by the grand jury and
filed on Sept. %. This morning Judge
Arm-trong's courtroom prese nLeo u
lively scene. and fully one-half OF the
legal fraternity, having themselves LOT
clients, were present These lawyer
defendants were charged with the
offense, as one counselor facetlously
termed il, of endeavOring in an honor
abe manner 10 evsoe the pains and
penalties of the vagrancy law, And
IN their tentative attempt 10
tide over the dull times within
two years next ensuing before the hud-
| ing of the respective indictments,
these professional gentlemen, again I
the peace and dignity of the state
and contrary to the form OF the stat
yided, prior to public express
sion upon their part OF desire
tc aid unfortunate litigants with
| advice and professional ser
4 vices, neglected to enrich the coners
of the state of Texas with the sum OF ID
| and likewise failed and refused TO con-
tribute the sum of 81. so each to enrich
the county of Tarrant. wherefore the
strong hand of the law was heavily laid
on them, and this morning at III
| o'clock the county courtroom WAS grac-
ID with their august personaRes.
County Attorn' y Swayne offered TO
dismiss each case where the Delinquent
had subsequent to the fling OF the In
dlctment paid the tax; but County
Judge Armstrong insisted that the
string, upon payment by defendant OF
ali co Is in this behalf accrued" be at
t.cned to each prize. The
stsornsy general. having in
an opinion recently fled. held
that in cases OF this kind,
being quasi crimipsl in their nature,
the county attorney could forego his
fees, the costs due the other OH :ers OF
the court aggregate the sum OF SS ~
Ia each case. The question was
sprung by one of the unfortunate,
though astute, defendants as TO the
form of execution to be issued for the
collection of such costs. 1t was
insisted by one OF the assistant
county attorneys that the harsh
writ of cop:as pro fine must
, issue. This meant detention OF the de-
Eloquent by the sheriff. But the mem
bers Of the bar present, professionally
anu Qel6uOhublCniiyf 'SbSiAASA'y 49, B.
that executions, as in civil cases, mus
issue where the odious occupation tax
had been paid since indictments were
returned and dismissals entered. Anc
T here resulted the tug of war, thus set
ting at rest all hopes for annie BILE ad
: justments between the state OF Texas
aud the watchman upon the citadels o
justice.
The upshot of the matter was tina
regularly drawn juries were demand
ed for each defendant, and no jury be-
ing forthcoming the cases were con
tinued.
Later in the day it was given GU
that the services OF committee o
lawyers had been secured to once
more test the constitutionality OF tn,
lawyers occupation tax law through
the medium of the federal courts
where the most gracious writ OF ha
beas corpus will be sued out by one o
the defendants.
1t will be recalled that some si'
years ago the Tsrrant county bar ros'
up en- masse against the exactions o.
the state and in the Williams case sue
ceeded in obtaining from the court o
criminal appeals decision sustalninf
the constitutions atty of the law relat
ing to payment of occupation taxes.
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