San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-04-14

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the fiscal years provided by statute,
and prevent and deprive this plaintiff.
illegally and unlawfully, of its pro
rata for each fiscal year of fees earned
over and above the amount provided
by law that might be retained by said
district attorney, defendant herein,
and by such illegal and unlawful
method retain and convert money be-
longing TO this plaintiff.
This plaintiff further alleges that
large sums of money are spent each
year to maintain the office of the dis
trict attorney and pay the salaries of
his assistants, and that for the fiscal
year beginning December /. 1922, TO
December 81, 1923. it cost this plain
tiff the sum of $20,366.66 to maintain
said office; that at the time said fees
were earned for the year 1922, there
was money with which TO pay ac-
counts due by the state of Texas tp
the defendant herein as district at
torney, but this plaintiff alleges that
in pursuance Of his systematic and
illegal scheme and methods, the said
defendant failed TO present his said
claims to the comptroller and receive
the money therefor until the state
was on a deficiency basis, to the
plaintiffs great injury and damage.
Plaintiff further represents 10 the
court that the said ID. A. McAskill,
/ defendant herein. received and collect
ed as district attorney from the state
of Texas certain monies as earned fees
for the fiscal years of 1922 and 1923.
the exact amount being unknown to
the plaintiff. and the plaintiff charges
and alleges that said defendant has in
| tcrmingled the fees earned one year
with those of another since 1916 by
using earned fees of one year to pay
salaries of the ensuing year, and in
this manner has defrauded Bexar
county out Of large sums Of money,
the exact amount being unknown tn
the plaintiff. and by said systematic
and unlawful method. and in various
and sundry ways, unknown to plain
| tiff but well known to defendant. the
plaintiff has been Systematically de-
frauded of large sums of money. the
exact amount of which is unknown
to plaintiff, but which plaintiff alleges
here to be S25.000..00. and that the
said defendant has used and converted
said money for his own use and bene-
| fit.
This plaintiff shows that il Is en-
titled TO an accounting from the de-
PENDANT herein for the year 1916 and
for each succeeding fiscal year there
after un to the present time. and that
II is entitled to have produced in court
all books and papers npon which such
account is based
Premises considered. the defendant
already having been cited to appear
and having answered herein. plaintiff
prays that the defendant be required
to file report herein. under oath
showing the amount of fees collected
bv him during each fiscal year. and
the amount of fees charged and not
| collected for each fiscal year, and nv
whom due for each fiscal year. and hia
eXnclses for each fiscal wear. and tha.
Tad report he made from tho year
l9lG, when defendant took office. to
this date: and that he he required
to oring. into court all books and ac-
counts from which such rcnort is
made: and that the plaintiff have
Judgment for such amounts as it NAV
be justly entitled to: for costs of
court and for such other and further
relief. both general and special. 10
which It NAV be entitled both in law
and in equity. And plaintiff will ever
pray.