The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-14
SUPPLEMENTAL OPINION.
The Attorney General Writes Again
About Sheriffs' Accounts.
ANTITRUST CASE GOES TO TRIAL
Suit to Forfeit the Charter Of III. Shin
pers' Compress Company in
Progress.


Austin, Texas, January 1S.-The attorney
generals department handed down another
/ opinion today at the request of the comp.
/ trollcr on the recent ruling regarding the
sherlns fee bill. roday's opinion cites the
fact that certified copies Of processes is.
sued, In making accounts does not apply
in counties which contain less than 1000
voters
The amended fee law is botheripg the de.
partmeut great deal aBd a mandnmus will
likely he filed in the supreme court IN order
To get dnsl Interpretation thereof. The
opinion banded dow today is ms follows:
X. NJ Love. Comptroller Capitol
Dear Sir: This department is in receipt
Of yours OF the 10Th instant which is as
follows
win you plense advise me whether, nm.
der tho provisions Of subdivision s. section /.
chapter H. General Laws First Called Ses.
sion Twenty seventh Legislature. sherns
| 81 all counties in Texas must send to this
Office. with their accounts, certined copies
81 me returns on process, as provided In
said subdivision g. and whether the fees In
said Subdivision apply 10 shenns in all
countes?
In reply 70 an inquiry from you, you
were on yesterday advised that the proyi.
slons Of subdivision S Of section l. chapter
II. General Laws First Called Session
Twenty seventh Legislature, which re-
quired sheriffs accounts 10 be accompanied
| by certified copy under the hand and seal
ot the clerk Of the return upon ali process,
etc, applied 70 all accounts Of shcriffs aud
not to accounts Tor fees for conveying at
tached witnesses alone.
No reference is made in this opinion to
the distinction made by the law In question
hetween ices of officers In counties having
5000 voters or more, and those having less,
no inquiry having been made as tn this dis
tinctlon.
In reply to your present inquiry. you are
advised that the provision Of subdivision
3, section J, chapter H. General Laws First
Called Session Twenty seventh Legislature.
requiring sheriffs' accounts 10 he accom-
panied by certified copy under the hand
and seal of the district clerk. Of the re.
| turns made IN the process for which such
officer Is claiming fees. corresponding TO
the amount so claimed in his accounts does
not apply to the accounts of sherlfs OF
counties. where there shall have been cast
at the acAt prcae ling PRESIDENTIAL election
less than 1000 votes"
rhe act to which YOU refer is an n,uoni.
Special Session of the Twentv-hfth fcgia-
lature acts 1897. p. Oh all tho remaining
SECTIONS OF which remain unchanged.
Section 1 Of the original not Is as fol-
% t. onnc'ed nv the legislature If the
state OF Texas. That hereafter. in Mi the
counties of this State, where there shall
6oye heen cast at , The next preceding presi,
clerks Of Inc district courts, district attor.
news, county attorneys. sherihs and consta
hles shall receive from the state the fol
/ lowing fees and compensation in felony
cPeaS. and no more
The intention to limit the operation Of
This act to SheriTs and other officers Of
rhasized hv the provisions OF section ot
tho original act:
Sec. I. That in those counties where
there shall have been cast At the next IRE
ceding presidential election less than 3fN
votes the cle&k Of the district courts dis.
trict attorneys. county ATTORNEYS. shprins
and constahleS shall receive from the state
the following fees and compenSetiou In fel.
npv cases. allowed uudar now evistinr
laws. and are not intended to br affected
by the provisions Of sections !. .. 2, 4. ;
ard Of this act
There occurs both in the ORIGINAL ann the
amended section referred 10 fills Language;
| Subdivision of section NJ this act shall
annlv to the ofdcnrs affected thereby in all
the counties Of Texas"
The meaning and purpose NJ this Ian
guaGe i not To make the provisions 90
suhdivisiou applicable 10 sherlns ~ couu.
ties havino lees than 2n00 voters hut 10
mako ~ clear that sherffs ~ counties hay
ing 1900 voters having accounts for CON.
v"viu" attached witnesses 10 counties hnv.
ing l"sS rh"r 1000 voters, wcrn ~ he ~o~-
crro1 nv he provisions ot subdivision s, In
m"kir" nut such accounts.
! thirt II "lrar'" 0ruears from s",tiors
and TINT subdivision s ~ section {.
ornlv 10 shorFs Of counties hovlnq loss
thu" 1900 voters nj the Inst nrncpdine prcsI.
dental election. Yours trnIv
ofAce Assistant Attorney Y General 1S%prr
Charters and Amendments.
Austin. Texas. January 13.-The follow.
ing charters were filed today, other than