. . , R-013
TRI NEYGENERAL
TEXAS
Hon. Leslie D. Williams - Page 2 (V-306)
a,s District Attorney to follow up applica-
tions for clemency for persons convicted
of felonies in my court. This is asual-
ly done by correspondence, but such pro-
cedure is impossible in this case on ac-
count of the issues involved and the pres-
sure in connection therewith. The Defend-
ant in this case was a negro and great
pressure was being applied by the Society
for the Advancement of the Colored People
and both the Board of Pardons and the Gov-
ernor wishes to be in full possession of
all facts in the case before passing on
the same. I certainly would not have made
the trips if I had not thought they were
necessary ana in line of duty.”
Article 6820 of the Revised Civil Statutes
ia as follows:
“All district judges and district
attorneys when engaged in the discharge
of their official duties in any county in
this State other than the county of their
residence, shall be allowed their actual
and necessary expenses while actually en-
gaged in the discharge of such duties,
not to exceed four dollars per day ror
hotel bills, and not to exceed four cents
a mile when traveling by railroad, and
not to exceed twenty cents a mile when
traveling by private conveyance, in. going
to and returning from the plaoe where
such duties are disoharged, traveling by
the nearest practical route. Suoh offi-
cers shall also receive the actual and
necessary postage, telegraph and tele-
phone expenses incurred by them in the ac-
tual discharge of their duties, Suoh ex-
penses shall be paid by the State upon
the sworn and itemized account of each
district judge or attorney entitled there-
to, showing such expenses. In districts
containing more than one county, such ex-
penses shall never exceed in any one year
8100.00 for each county in t’he district;
providea that no d~istrict judge or attor-
ney shalL receive more than $SOO,OO in any
-_. .
Hoa, Leslie D. Willians - Page 3 (V-306)
one year under the provisions of this
article. ‘:‘he account for saic3 services
shall be recorded in tho official min-
utes of the district court of tb.s coun-
ty in which such judge or attorney re-
sides, respectively, (Acts 1923,p.50)”
Undoubtedly, this arti,@& authorizes you as I
District Attorney to receive your actual and necessary
expenses while actually eagaged’in the discharge of your
official duties in aay county in the State other than
the county of your Pesidence,., We ~eannot be specific as
to items fop the reasoh that you state no items*
inion No.. k&30 by this department cocstruing this ,i%!?-
cle with respebt to the expense acoount of a Distrj$t
Attorney, it was said:
“In view of the foregai,Rg author-
ities it is the opj,nisn of this depart-
ment, that the Distpiat Attortley My
collect his aotual and neCeSSary expense
while actually engaged in discharge of
such duties not to exceed the amount
prescribed by law,”
In the light of the plain languap of the
statute and its oofgtru, tion in the opihion above cited,
we answer your inquiry Pn the affirmative. You are eni
titled to charge and receive your actual and necessary
expenses while en-a;;;ed !.n ;?ischarCe of your duties in
counties outside of your ho:le county, not to exceed, of
course, the lim~itstions na to amounts specified in the
statute.
A District Atterney is entitled tP
be paid all actual and necessary expenses
incurred by him in the Qischarge of his
duties in couaties outside of his home
county not to exceed the limitation as to
amounts contained in the statute, Art*
6820, Rev, Civ, Stati
Yours very tfuly,
ATTQRNEYGEmRAL OF TEXAS
ATTORNEY
Gl@ItRAL
OS:wb