Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE AWORNEY GENERAL OF TEXAS
AUSTIN
Derr Sir:
ue- the’ 8herlft
ner in a for-
nloa of thle depa~rtlaent,
en re001reu.
fee la the
ulljr requeetedr
ty, working with a
honor In a foreign
laoe o? arrest in the
~8 sherlri eerv8e the
rieoner to hle Jail.
ge fee lo due the sheriff RII gro-
e 1030 and 1032 CCH”
a Ranger from Da11~1 oonveyed one 2,cart.y00~1 DaUqe to #inoral
We116, Texas, where he wwa aet by a~Ranger froaz Fleher County
traveling in hla oar aocomanied by L aomtmble or deputy @herif.’
of Fisher County m& the party in ou@ad 0r the Ranger from
Dallee was placed in the ouetody of the L r and Conrteblo or
Deputy Sheriff from Fisher County who aonveyed him to the aaunt
Jail o? e&id county. The eeoond traneaotloa vae identioal wit)
Honorable tieorge R. ShepTard. Page 2
the first with the exmptlon t&t the Ranger from Dallas oon-
veyed the seoond party to Breokenridge, Texas, where he was
pla.ceU ln custody of the Ranger and oonetable or Deputy Sheriff
of Fisher County, who took him to the oounty jell of Fleher
county.
You further state that no queatlon regarding ieee for
eervlng crlmlnal prooese or aaklng an arreet lr involved In
thle reqll)st, but the only question Involved 15 what mlleage
fee, If any, le due the eheritf, his deputy or the constable
of Fisher County aacompanying the State RAnger under the facts
above stated.
Artlole 1030, Code of Crlmlns.1 Frocedure, euthorlzee
and provides aertain fees ror sheriffs and oonetebles perform-
ing the vsrloue duties enumerated therein.
Artiole 1032, Code of Crtilnal Procedure, provides :
“A rrherlff ehall nijt charge fees for arreate
made by Bangers, or mlleage for prl8onera trene-
ported by Rangera, or mileage or other feca for
tranrportlng a witness under attaohment leeued from
another county unless euoh wltnees refuses to give
bill for his offense, or files an a??ld,evit with
such sheriff of his inability to glve ball.*
Statutes preocrlbing fees for publlo officers are
etrlatly aonstrued; henoe a right to fees may not rest by IBW
pllcetion. Where this right la left to oonstructlon the lang-
uage of the law muet be aunatrued In favor of the government.
Where a statute la oapable of two oonetruatlons, one of whloh
would give an offloer oompenea~tion for hie eervlaee in addition
to his salary and the other not, the latter construotlon should
be adonted. See the oaaee of HcCalla VB. City of Rookdale,
246 S.W. 064; Eastland County vs. %x81, 288 S.W. 518; Madden
vs. Hardy, 50 8.X. 926.
The State Bangers are oompeneated by the state on a
salary bee18 and are not entltled to any ?ee in eddltion to
their ealery for the performance OS the mervlaee above mentioned.
In view of the foregoing authorities and under the
above stated facts- you are reepeotfully advised the-t It 1s the
opinion of this department that the Sherlif or his deputy or
the Constable, em the oaae may be, who was aodompanylng the
,P,,
Honorable George H. Sheppard. Page 3
,, _
Ranger on the above mentioned tripe 18 not entitled to any mlle-
age feee whatooever.
Truetlng that the foregoing fully answers your in-
quiry, we are
Pours very truly
ATTORXEYGEEKkX%OF TEXAS
BY
Ardell Willlame
AW:db Aeslstant
APPROVED
JAM 8, 1941
Gerald 0. Mann /s/a/
ATTORWEY
f3EMElU.L
OF TEXA8
WJF APPROVED OPINION CONMITTEE
By BWB
Chairman