Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
RQn. a. A. Wb1tel-a
County Attorney COUntY
Ban Wm tkn aaba, ~*%a*
Ron. C. A. ;:'Blter8, Pa@ 2
the firm and coetrc adjudwd agalnet hlx, he my for mmh time as will satiaiy the.
judgment he put to work in the rrorkhoune, or on the county farm, or ~~bllo inprove- nents of the aounty, an provided in the ouooctedln(: artfole, or i? theawbe no suoh workhouse, farm 5raprovemnnte, he ahall .be imprieoned in jail Par a auiiioient lsn#,h of time to dlnelnrge the iull amount of fine and costs adjudged a@lrmt him;... .”
Artiale 794 of the Code of Criminal ?rooeUure reads as follasrer
wyihem the mmlmbmnt a?msesea in a oonvlction Sor mlsdmeanor ie~aonflnemsnt fn jail Par more than one day, or where In suoh aonviatlon the punishment 16 asssmsd only at a peauniary tlno and the party 80 aonvieted in unable to pay'the line and oonta adjudgeed aminst him, thou6 so aon- viatea f.hall be renulred to do manual labor fn saoordanoe with the provl~lom of this artlols under the foll.uwi~ rules and refplt+tinM:
"1. Eaah acaslssionsm aourt may pro- vide for tha emotion oi a mrkhouso and the establishment of a oounty lam ln aonmatlon thenwith for the purpoeo of utilizing the labor oi said parties EO aonvloted.
"2. Yuch teme and workhoums ahall be under the oontml and nanagemnt of the nomlscinnern court, and seicl aourt may adopt such ml08 end re~ulfitlona not lnaonulntont wlfh the lmw as they deem neom~ary for tha mcoe.~sful mnnqcment end operation of sala inntitutlone end for efY%atlvely utilizlrq: said lflbor.
"3. 31~1~ overseexw an4 auards may be employer under the authority of the am- court 50 my bo neneauary to prc- nlseirnsrs such lnbor, and vsnt escapes an0 to enfcroe *3 they shall he paid out of the aounfiy tbra- sury such conysnsatton a8 said aourt may preaorihe.
"4. Those 80 cmvlctcd ehall bc 80 guarded w!11lc at nork 80 to prorant emonpc.
"5. They ehall be put to labor upon the puhlla roads, brl.dgelr or other publla works of the oounty when their labor cannot be utilized in the oountp rorichouae or aounty fam.
"6. They ehall be requiml to labor not lese than el&t nor mm fihan ten hours ccoh day, Sundays emopted. ?fo person Bhall ever be required to nwk for mom than one Y-w
"7. Qne who mfutms to labor or is othernine refraatory or Insubordinate may be punished by solitary aonilaclolent on bread and watar or in euoh other Pnnnr aI) the aamls8Ir?ners omrt my dlnbt.
93. When not at labor they paay be aon- rIma in jail or the workhouea, a8 may bo 'kost oomenitmt, or a.8 the regulations of
the‘ ocxmI~al.omra 00~1% may pr~~orlbe.
"9. A femle ahall In no atwe be re- quircd to dc mnual lobor exumt In the workhouse.
"10. Onc who frtm we diseaac, or other phyoloal or ncntal d&ability le Un- able to dc manual lnbar chall not bc re- qtircd to work, but shall remain in jail until his tom of lmpriamiment le ended, until the fine and ooets adjudrted acainat him arc dlsahergcd acoordlnq to law. HIP inability to do mm-1 labor IOAY be detcrrzined *4 c. A. "alters, f'aF;e 4 IIOll.
by a physician a;?olntod for that purpose by the county Judas or the tonmlssioners oourt, who shall be paid for such servios' such ocnrensotion 0~ sold court nay nllow~
"11. One convict&l of a rrlsdenssnor whose runlshment either in whole in part is imprisonnent in jallrray avoid manual labor by payment Into the aounty treasury of one dollar ror enoh day A the tern or him imprison-ent, and the receipt of the aountg trcaourer to that effaot shall be sufficient authority for tho sherirr to detefn him in Jail without labor,"
In the mm or Ex Parts ?ktes, 40 SW 869;it was held that Seotion 5 or Artiole 16, above quoted, was not a limltatfon on the part,of ths bgislaturs and doea not oonfine its authorlty to tha passage of oonvlut labor laws only when the penalty Imposed in mlsdamaanor oases is n iin9 and ooets. &nun1 labor laws may be legoily anaated and enfcroed In all caeen where the panal- ty Imposad is imprisonment In the county jail regerdlese cf whether they be for non-payment of fine and oosts.
Artlola 794, suwa, provides that the oommisslon- em' aawt may enpJoy ovbrsasrs and @~rds to pnwent es- oape and to snforoe suah labor as prssoribed by--the sta- tutes and that tho oonoiot shall be guarded while at work, Eowsver, thero lo no provision In the statute authorizing the o~rsnlsnloners~ court or the mrds or oversners an~plog- ad by the oourt to require and aompel the oonviats to wamr a ball and ohain.
The above quoted stntuteo provide that the ocn- viots may rmrk out their fines and costs by labor in the workhouse or on t?e county ian or public irixmve!nents, or 11" there he no such workhcu!:e, ram or inprovenento, by i.mprlsonment in the jail fo I n 3ufriolent length 0r time to diseharpe the full p.munt of the fine and costs. The statute sncc1f1call.y seys "Tublio innrovenents of the oounty." Therefore, work on the public streets or an *5 _
T1on. C. A. kters, Faqe 5
incorporated city would not be public work8 of the crmty.
In view of the ?oreRoini: statutes, you are se- advised that it is the opinion thi9 depart- 8peCtfUliy ment that both of your queatirns should bo answered in the negative.
Trusting that the foregoing answer8 pour inquiry, we remain
Yours very truly ATTORNEY G!XENERAS. OF TEXAS Ards-il WilliEw.l9 Aaslstant