El Paso herald. (El Paso, Tex.) 1901-1931, 1915-01-01
CLAIM $4,000 !.
ILLEGALLY PAID
County Attorney and Legal
Firm Pass on Fees in
Boundary Case.

The order of the county commission
ers' court on May 20, 1914, when the
payment Of $4,000 to Turney & Bur-
ges was authorized as attorneys fees
in connection with the Texas-New
Mexico boundary suit, was illegal. ac-
cording to the opinion of c. W. Groom,
county attorney, and the opinions OF
hcBrOom & Scott were read and incor-
porated in the minutes at special
meeting Of the county commissioners
Thursday afternoon. Present at this
meeting were judge Adrian Pool and
commissioners Seth B. OrndOrff and
George PendelL
Illegal, Says Groom
The communication OF county attor-
ney Groom was as follows:
Il beg to advise that I have exam
ined into the legality Of the order of
the commissioners court Of FL Paso
county. passed May %, 1914, author
izing the payment of $4,000 as &ttoc-
neys' fees to Messrs- Turney & Burgess,
attorneys, in the matter of the suit of
the state of New Mexico VS.. the state
Of Texas, involving the western bound
cry line of Texas, as well as the west
ern boundary line OF Ell Paso county,
and am Of the opinion that the order
Of said court was illegal
"A formal opinion will be given you
bodying my reasons for this conslusion.
&C. W. Groom,
g. County Attorney"
The communication OF McBTOom &
Scott. addressed to Seth B. Orndorff
and others, follows:
AT your request we have examined
into the legality Of the order Of the
commissioners court Of Ell Paso coun-
ty, passed last summer, authorizing the
payment Of $4,000 to Messrs. Turney
=
be rendered in the case of the state or
New Mexico VS.. the state of Texas,
pending in the supreme court of the
United States, and we are Of the op1n-
ion that said order was void, for the
reason that the commissioners court
had no authority in law to make such
Ponder Holds NIoney.
A communication was received from
J. D. Ponder. county treasurer. advis
ing the return of $4,000 alleged to have
been prematurely paid on a warrant in
favor of Turney & Burgess. The COM
munication follows:
This is to advise you that T. as
county treasurer, have been repaid and
hold to the credit of the county the
sum Of $4,000 heretofore paid on war
rant No. 2S.S60, issued on the sixth day
of July. 1914. to Turney & Burgess; and
this is to advise you that on account Of
the dispute which has arisen over the
warrant, ard in obedience to your di-
rections not to pay the same, shall re-
fuse to pay said warrant to any person
until directed by you to do so or COM
court of competent jurisdiction"
The communication was received and
filed.
Roads Ordered Opened.
An order was passed instructing
county attorney c. W. Groom to notify
Mrs. Antonette Dyer to open up a road
| known as the Carpenter road, located
this side of Ysleta, and said to have
! been closed by her. The county attOr-
ney was also instructed to notify E. G..
James to open up the road from the
/ Socorro mesa road to the old paved
road.
It was ordered that D. Montoyo, con-
! stable, file with the court on January
/ II, 1915, the number Of deputies under
I him. 1t was also ordered that all Of
| Ulcers who have not done so, make a
| report Of the rumber of deputies, or as
sistants, employed by him, and file the
! list on January II, 1915.
/ A resolution was adopted calling up
| on exmayor r. Hernandez to turn over
/ to the county treasurer the records Of
! the town Of Socorro, which is no longer
| incorporated.
No Pay for Probation Officers.
| A resolution was adopted that after
| January 81, 1914, no salary or other
money or compensation be allowed 70.
| probation officers for Ell Paso county
| A resolution was adopted appointing
J c. NJ Mckinney purchasing agent for
/ Ell Paso county, whose duty it shall be
I to purchase any and all supplies for
! every department of the county, eE-
! cept for the county hospital His sal
/ airy was fixed at $125, payable
monthly
Authority was granted for the install
/ 1ation of a telephone in the office Of
! district attorney w. ". Bridgers.
Clean coal and full weights mean
| fuel economy. r. c. Semple, successor
| Southwestern Fuel Co., phone 531.-Adv