The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-29
The SHAW-fARMER CASE
Atiisn Of Attorney General Introduces a
New Phase.
AUTHORITIES PERTINENT 70 THE NATTER
Jury Gives r. +. Adams = elS, 900 YER
dict Against the c., Fl. and 3. A.
County Court Proceedings.

to defend the suit brought against him by
ex-County Judge w N. Shaw, as noted in
Yesterdays Post, has caused considerable
interest to be manifested among the coun-
W officials and the attorneys OF the city
Tho attorney general holds with Treasurer
Farmer that county Judges receiving cx-
oficlo salaries are not entitled 10 per
diem, as shown by the following letter ro-
ceived YESTERDAY.
Mr.. .Iohu Farmer, County Treasurer.
ATTORNEY Generals Office, Austin. Texas.
January 81, 1880. Dear Sir: Your favor of
the 18th inst. stating that the county
Judge or your county, who receives $125
per month, ex-ofncio salary allowed him
Ivy the commissioners court and that they
also allow him for ner diem sitting as com
missioner, and that you refused TO pay tho
per diem. and that he has brought suit for
he same, has been. received and noted.
Jnasmuch as suit has been brought, We
think X improper to give you an opinion.
except to advise you TO fight the suit. and
IL the case Is appealed to the court of civil
appeals, let mo know as coon MS 1t Is done
and we Will send and get transcript, and
will take pleasure In filing brief. repre-
Henting YOU This is matter that we
want decided and want u judicial decision
upon It by the higher courts. and we Will
be glad to file bEisf for you in the appel
late court, whether you win the case and
the other side appeals It. or Ii you lose 1t
In the lower court we adyise-you to appeal
It, saying to you that we will brief the case
for you in the upper court, and be glad to
do SO, for the reason, as we have stated.
that we wish decision upon the subject.
Yours truly, I. S. Smith,
Attorney General.
The suit brought by Judge Shaw against
County Treasurer Farmer is friendly suit
simply brought TO test the law and settle
disputed question. Mr.. Farmer refused the
payment of the per diem upon the advice
Of his counsel and not in the spirit of con-
trariety or to oppose the orders of the
commissioners court.
County Attorney F. Lee Schwander be-
lieyes that the county is liable for the per
diem and represents Judge Shaw In the
suit.
Judge Shaw, Judge vasmer, County At
torney Sehwander and q number OF others
who were seen BY a Post reporter yester
day, believe that the stand of Mr.. Smith ie
not well taken. They base this belief on
article 1906 Sayles' Texas Civil Statutes.
which is the authority referred to by the
county attorney in his opinion presented
at the request or the commissioners court.
The article in question is az follows:
Per Diem Pay of County Commissioners.
Each county commissioner and the roun-
ty Judge, when acting MS such, shall re-
ceive from the county treaGury, to be paid
on the order of the commissioners court,
the sum of SO for each day he Is engaged
IN holding term of the commissioners
court, but such commissioners shall re-
csiye no pay for holding more than one
special term OF their court per month.
(Act August 90, 1870. fsfi.
Vroo uurar ar,npr md the attofney gem
eral base their view Of the matter on arti-
Gle e45o OF the statutes, which. under the
caption Compensation for Ex-offico Ser |
vices" (of county judge), says;
For presiding over tho commissioners
court, ordering elections and making re- |
turns thereof, hearing and determining |
civil cases and transacties all other Of
fetal business not otherwise provided for,
the county Judge shall receive such salary |
from the county treasury as may be al |
lowed him by order OF the commissioners |
court.
According to this construction OF the /
statutes the county judge. although al
lowed SO per day as n member of the COM
nisrioners court should not be paid 1t
because the article last quoted provides for
him an ex-ofhcio salary as presiding Of
flcer of tho court in question. Such case
met with in this State, apd the matter Will
IN consequence be watched with all the |
more interest 1t 10 likely that the State
will make test of the case, and should 1t |
proceed to do so 1t Is limited that man |
damus proceedings may be looked for at
this end Of the line. 1t is understood |
that the plaintiff is prepared to make a
light along the line mentioned II 1t becomes !
necessary
The case Of T. I. Adams against the
Galveston, Harrisburg and San Antonio |
Railroad company. which has been on trial |
before Judge Wilson In tho Flfty-ffth civil |
district court during the larger part of
the week just past, was brought to close
yesterday afternoon, when tho jury |
brought In verdict by which the plaintiff |
MAS awarded damages in the sum of $4,000. |
The plaintiff was formerly IN the employ |
az the defendant company in the capacity |
OF freight conductor and It was while Ia
the discharge of his duty as such that he
received the injuries on account OF which |
re sued. Tho accident occurred during the
istter part OF March, 1898, when Adams had
occasion TO 90 out on the rear platform
Or his train. which was being pushed at the
4 tins. The platform which, It is alleged. !
was IN quite an unstable condition. its tim
bers having decayed, was broken by the
weight OF the plaintiff and he was pre-
cipttated to the track below. in front of |
the locomotive which was pushing the |
train. His right leg was crushed off and |
" was otherwise injured.
IA 49,
sThs county court. during the month Of
a apnuayy. has transacted an unusually large
3 volume Of business and Judge yasmer and
~ clerk, George H Evans. are TO be con-
( nfatulsted n cppsaquence. number OF
4 "a cases OF several years standing have |
k6on Vined on the docket aud the affairs |
u The court are. On the whole. in very |
6att1laefoFy condition.
y ra4sy.sfth C,vsl District Court