The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-15
TO TEST THE FEE Law.
SEEKS TO COMPEL THE COMPTROLLER
To Pa an Account Under the Fee
Law Repealed Which Was Thrown
Out Under the New Law.

oiueieu the ming OF application for wrl
OF mandamus in Clark VS.. Finley. Clarl
who is sheriff OF Tarrant county, asks tn
court to compel Comptroller Finley to pa
him an account under the fee law repealed
by the Twenty-fifth legislature. his pu.
pose being to test the constitutionality o.
the fee law of 1897.
FOLLOWING Is the text OF the petition
| which will be of general interest.
To the Honorable Supreme Court OF thu
State of Texas.
Sterling P. Clark, plaintiff. complainin,
OF r. w. Finley, defendant. would respect
fully show that plaintiff is resident citi.
zen of the county of Tarrant, State OF
Texas. and that the defendant is a resi-
dent OF the county of Travis, State Of
Texas.
Piaintiff further shows that on to-wlt
the - day of November, 1898. at sen
eral election then held throughout the
state of Texas, he was duly and legally
elected to the office of sheriff in and for
said Tarrant county, and thereafter. and
about the first day of December, 1898,
piaintif duly and legally qualified as
such sheriff by giving bond and taking the
oath of office as prescribed by law and
required by law. And whereupon plaintiff
entered upon the duties of said office of
sheriff of Tarrant county, Texas, and con-
tlnuously since that time he has held and
occupied and now holds and occupies SAID
oiice OF sheriff aforesaid, and has been
and is still engaged in discharge of the
duties of said office al prescribed by law;
and that he is entitled by law to have ana
receive the perquisites and fees of said Of
ice as fixed and allowed by law.
Plaintiff further shows that at said gem
eral election, held as aforesaid on to-wit
the - day of November 1898, the de-
fendant, r. w. Finley, was duly and legal
iy elected to the office of comptroller of
public accounts in and for said State of
Texas, and thereafter, to-wIt the first
day of January, 1899, he duly and legally
qualified as comptroller of public accounts
by giving bond and taking the oath of
oihce as prescribed by law, and thenand
there entered upon the discharge of the
duties of said office, and now holds and
occupies the same, and is engaged In dis
charging the duties thereof
That among the duties imposed upon
said comptroller of public accounts he. is
required by law to examine and allow
the claims of the sheritfs of the several
counties in this State for costs allowed. 10
them by law for services rendered in fell
ony cases. And where such claim or
claims are correct 1t is the plain and sm-
perative legal duty of the said comptroller
10 draw his warrant on the State treas
urer for the amount of the claim in favor
of the sheriff entitled to the same
Plaintiff shows that the law prescribes
that before the close of each term of the
district court the sheriff is required to
make out bill or account of the costs
Claimed TO be due from the State in felony
cases tried at that term, which bill or ac-
count is required to be submitted to the
SAID comptroller, and if found correct by
MIN he is required TO draw his warrant on
the State treasurer for the amount due,
ana IN favor OF the officer entitled to the
same.
Plaintiff shows that the sheriff can col
lect and receive such fees from the State
OF Texas only on the warrant of the comp
lroiler drawn on the treasurer of the State |
for the amount, and In no other way.
Piaintif shows that at the April term,
1889 of the district court of Tarrant
county. Texas, in and for the seventeenth
judicial district and which term closed to- |
VT the 25th day of June 1899, one T. J.
6ailey was therein duly tried upon an |
Indictment for the theft of horse, the |
same being felony under the laws of the
state of Texas, and by the verdict of the I
Jury he was found guilty and his punish
nent assessed at confinement in tha peni-
entiary of the State for term 81 thres
'ears, and by judgment of the court duly
said verdict was approved, and no
lppeal having been taken by said 7. ].
'alley, he was duly sentenced In accord
lnce with said verdict
Plaintiff further shows that as such
heriff he discharged and performed the
GLOWING official duties in said case: He
rrested said T. ]. Bailey in Travis coun-
y. Texas, and returned with him to the
abroad station by private conveyance a
lstance of two miles; that he removed
aid 4. j. Bailey from Austin, Texas, to
'ort Worth, Texas, by railroad, going and
eturning distance of miles; in said
ase he summoned or subpoenaed the fol- 4
owing witnesses. towit:, L. H. billiard, S.
:. Clark, r. S. Purvis, r. Il. L. Roy, j.
J. Grant. ]. A Williams. A. X Ralston
nd 9 b. Law: that In summoning the
aid G. B. Law plaintiff was compelled to
nd did travel the distance OF thirty miles;
hat in said case he summoned a jury
anne; plaintiff Is advised, informed and !
elieves and so represents that under the /,
lws of the State in force at the time said /. ,
srvices We're performed by him. and ..
hich are still in force. that plainAiff was
nd is entitled to fees In said case from :
10 state OF Texas as follows, viz. for .
taking the arrest. /; for returning with I
aid prisoner two miles by private con- I
eyance at Is cents per mile, cents; for 8
,moving said prisoner from Austin, 8
exas. to Fort Worth. Texas. by railroad c
ping and returning a distance of 400 I
lies. at 10 cents per mile. $40; for sum- o
oning seven witnesses. 80 cents each.
100; for summoning the witness G. B, b
aw, so cents. and for travelling thirty s
lies in summonlng said witness, at b
nts per mile, $3.50; for summoning the s
ny, So; all aggregating total OF $48S0,
leriff's costs in said case.
Plaintiff Is advised. informed and be-
syes. and so represents. that the pur- .
,rted act of the Legislature OF the State =
Texas entitled IAN act to fix certain =
vii fees to be charged by certain county ),
ID precinct officers, and to fix and limit =
Q fees and compensation Of clerks OF
e district court. district attorneys. coun- b
attorneys, sheriffs and constables In
lony cases to be paid by the State. and Il
fix the compensation OF assessors and Il
Electors OF taxes. and to limit and reg
ate the compensation OF the sheriff. clerk v
the county court. county judge. dis
let and county attorney. clerk Of the 81
strict court, assessor and collector OF
xes. justices OF the peace and constables, o
d to prescribe penalties for the viola a
ne ~ thfa art and to repeal all laws !.