The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-15

honorable w. d. Harris, the district judg,
OF the Seventeenth judicial district
IN which said felony case wal
tried; and said judge. after dull,
considering said matter, to-wit OF
inc goth day If June. 1899. held and ad
Judged said purported act to be unconsti,
tutionai and void. and approved said &C.
count as herein presented, all OF whicf
VIII fully appear by reference to said &C,
count or claim. with the said judges an.
proval thereon Endorsed. and which is here
70 attached as part hereof. marked
Exhibit A.
Plaintiff shows that thereafter. to- wit
the 2Sd day OF June, 1899. he caused said
account or claim to be duly presented tc
j. Il. Curl, then acting comptroller, the
defendant w. r. Finley being absent from
ms oihce at the time, with the demand
that the comptroller should then draw his
warrant on the State treasurer In favor
OF this plaintiff for the amount thereof
that said acting comptroller then and
fnere refused to pass said account for
payment and refused to draw his warrant
on the treasurer of the State in favor OF
this plaintiff for the amount of said APP
proved account upon the sole and only
ground that It should have been made out
In accordance With the fees prescribed by
said purported act OF 1897, all OF which
fully appears from the written statement
OF said acting comptroller hereto attach
ed as part hereof. marked Exhibit b."
Plaintiff shows that at the first preceding
presidential election there were more than
three thousand votes cast In said Tarrant
county, and that this fact was known to
and considered by said district judge in
passing upon and approving said account.
Plaintiff shows that there are now,
and were at the time OF the first preccd-
Ing presidential election. about two hum
dred and twenty-five organized counties
in the State of Texas, and that in about
one hundred and sixtysthree of said coun-
ties less than 5000 votes were cast at said
election, and in about sixty-two of said
counties only there was cast at said cleo
ton three thousand votes or more.
Plaintiff represents that an appropria-
tion was made by the legislature OF the
state of Texas at the first election thereof
to pay the claims of sheriffs for fees allow
ed to them by law in felony cases. for the
present fiscal year, and he is informed and
believes. and so represents, that said ap-
preparation has not been exhausted, and
that when he so presented his claim to tho
comptroller as aforesaid that there was
money so appropriated in the treasury OF
the State more than sufficient to pay said
claim.
Plaintiff is advised, informed and be-
ether legal remedy to secure the payment
of his said approved claim than by q pro-
ceeding of mandamus in this honorable
court.
Plaintiff is advised. informed ana be-
lieves. and so represents, that 1t was the
plain legal duty of said comptroller to
pass plaintiffs said approved claim for
payment and to draw his warrant on the |
treasurerof the State in favor Of the plain
tiff for the amount OF the same, but that,
as heretofore shown, said comptroller, al
though demanded so to do. refused to pass
said claim for payment and TO draw his !
warrant therefor.
Wherefore, the premises considered
plaintiff prays for a rule or order reQuir-
ing the defendant to appear before this
honorable court at such time as may be
designated by the court, and then and
there show cause, II any he has, why a
writ of mandamus should MOI
issue. compelling him to pass said claim
Tor payment, and to issue his warrant for
the amount thereof In favor OF this plain
.iff And on final hearing hereof plaintiff
prays that such peremptory writ of man
Janus be awarded and issued for all
'urther relief to which he may be entitled,
ind for costs of suit.
A. T. Watts,
II. G. Senter.