El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-20

on the point and have been in ex-
istsnce since Texas was republic.
These statutes are PLAIN as 10 the
duties of the county clerk. Ihey are
known, OF should be by every county
clerk in the state of Texas serving
his first term and certainly snouId pc
familiar with an officer VINO mas heId
the office since the big wind. Ar
tfcIes 46OS and A61O of the revised
statutes of Texas say: Each recorder
shall make and enJer into well
bound book an index, IN alphaDeIlcal
order to all books OF RECORDS wherein
deeds, mortgages and other instru-
ments of writing concerning lands and
tenements are recorded Articles A,6OS
4,6l0 also set forth the exact ouIleS
of the county clerk. Article 1850
(4,2S1) settles beyond any SHADOW OF
doubt the law and the duties OF
the clerk and was passed on August
Z, 1876, a date slightly anterior of the
one when Park Pitman took otflee-
Decisions of the Courts UnmistakabIe.
Similar articles have Deen con-
Strued by the courts of TEXAS, and the
rule of law is, that wherever statute
prescribes a duty Of public official
and does not provide compensation
therefore, none can legally be allowed or
collected. The commissioners court
when judge +. Z. Hunter was IN OF
flee, and other commissioners courts,
prior to the time the order was made
allowing an Illegal compensation TO
Mr.. Pitman for making up new in
dices, had been importuned by pre-
in their attempt to obtain their al
lowance of illegal fees. In the case
of Tarrant county vs. Rogers, ct al,
125 s. w. 592, the court of civil APP
peals decided that the commissioners
court had no authority to agree to pay
a county clerk for work done in in
dexing records, and hence that the
county was not bound by such agree
ments and may recover for illegal Iees
thus paid to the clerk. This opinion
was affirmed by the supreme court Of
Texas Mr.. Pitman, however, in his
speech before referred to, claimed
that judge Eylar and judge Harper
by advice given, undertook to over
rule the decision of the highest court
in Texas, and undertook to abrogate
the plain terms of the statutes MT
Pitman can well afford To return TINS
money to the county, and should be
required to do so. He was fully au-
vised in reference 10 the provisions
Of the law when he obtained the order
from the commissioners court. II
Mr.. Pitman denies this statement al
fidavits OF lawyers can be o Dtaineo
that his denial is untrue. Certainly,
under the law. he should be required
to return the actual profit realized by
him in doing the work, which mas gone
into his own pocket.
A Fight For the People.
CHOW ClLALGDS anu NOtGAS VI ~
Paso county, Texas, the Democrats
who are devoting their time to this
movement to GUST the ring and its boss,
and of which the anti ring candidates
are a very small portion, are thor
oughly in earnest. They are willing
to make almost any personal sacrl-
flee TO win this fight. II there are
other citizens who can better conduct
the fight, they would gladly step
aside and place the responsibility upon
oIher shoulders. The anti ring can
didates would willingly reJire from the
race if by SO coIIg they could insure
the s2c,Sss of the movement. Not
wfthstanding the violent assertions OF
the ring and its adherents to 5se con-
trary, it IS a 5act that the anti ring
Democrats are fighting for principle
the right of the PEOPLE to rule. This
truth IS self evident and should pre-
vail.
soliciting your vote, your influence
and acti-e cooperation, we submit Tor
your consideration the principles and
issues involved in this campaign.
Respectfully submitted,
Anti Ring Democratic Press Com
mittee.
(AdvertisemeEO.
RefrIgeratOrs and Ice Boxes.