Untitled Texas Attorney General Opinion

Boaorable aohn c. Icnorpp Qounty Attorney Donley eouutg Clarendon, Texas op5‘nion30. O-3819 Dear Sirl Bar Feem of affioe--Feeblemtndsd aaaes-dounty Judgs, attorney, nlerk an8 Sheriff. Your request for opinion has been received and cara- fully aonaldaredby this department. We quote from your re- quest 48 ~followsr “1 am writdrag Lou in reference to an opinion as to the fess reoelvable unfierFeebls MMled OEIEBB. aIt is my oplnlon t&Oi the County Judge, Clark and County Attornbg should reosivo the sasn fees as in qlmaoy ~nem* WI enclose a beer show&n& my authority r0r auah oontantlonas there is no statute relative to the tees In Feeble Minded oasaa. a.'. . .* Articles 3867* 3868,~3~869, 387s en8 387&, Vernon's Annotated Taxao C1M.l Statutes, deal.ukdthpz~oeed$mgs in 0118enor iaabla min%ad persons but provide RO faae rar t&a Qouaty Jut&e, hunts Clerk, ,Gounty Attornsy, Sheriff or any other Qownty orfloeYror thsfs servfeea in suuh eases. NQ liebilftp ior fees erwurt oosts against the Countr fn favor orany County ofricfLe1ie oreatad by any or said stat- utes. OpinionNo. O-987 of this @egartment holds that a Sherirf who eonveye feeble Blindedpersona'and lunatics to Stata institutionsis allowed only his aatual expenses in the &le&arge OP hls duties in these reapeats. We ansloae herewith a oopy of salt%opinion for your information. We qaote isan 31,Texas Jurisprudanae,Saotlon 105, Publia Cfrlcars,pages 508 and ,509,a8 folloo~s: T3tatutes prescribingreea fos public ofti- aers are staiotly aonstrued; and henna a right to reaa may not rest in Lmpllcation. Where this right is lert to oonstruation,the language of the law must be oonstrued in favor of the goveru- ment. Where a statute is capable,o$ two oonstrua- tiow, one of which would give au otf+oar oompen- Hon. John C. Knorpp, Page 2 sation for his aervloes in addition to his salary and the other not, the latter aonatructlonshould be a&opted. . . ." 34 Texas Jurisprudence,Seotion 197, Publio offi- cert3,page 511, provides fn part an tollowsr "As hereinbeforestated, tha compensation 0r publio ofilcers is rixd by the aanstltution or statutes. An orrioer may not'olaim or rdiaoh any money without a law autharizLnghim to do 80, and olearly fixing the amount to whiah he is en- titled. . . .* It'is our opinion that neither the County Judga, County Clerk, County Attornag, SharIif nor any other offi- oar would ba entitled to any fees from the County ior their servloes in feeble minded aaeea. However the Sherlrf would be entitled to recalve from the Gountg a&al expenses in- curred in aarrying a feeble minded person to a State insti- tution as pointea out in Opinion Wo. O-987. Vary truly yours ATTCXUIEY,GENERALOF TEXAS BY /a/ wm. Jb$$-j-~ APPROVRD ?UY 18, 1942 /a/ Gerald C. Mann ATTORREYGTflkEULOFTEIAs WJFtmprjrb