Your request for opinion has been received and cara- fully aonaldared by this department. We quote from your re- quest 48 ~followsr “1 am writdrag Lou in reference to an opinion

as to the fess reoelvable unfier Feebls 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 oontantlon as 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. ukdth pz~oeed$mgs in 0118en or iaabla min%ad persons but provide RO faae rar t&a Qouaty Jut&e, hunts Clerk, ,Gounty Attornsy, Sheriff or any other Qownty orfloeY ror thsfs servfeea in suuh eases. NQ ior fees erwurt oosts against the Countr fn liebilftp favor orany County ofricfLe1 ie oreatad by any or said stat- utes.

Opinion No. O-987 of this @egartment holds that a Sherirf who eonveye feeble Blinded persona'and lunatics to Stata institutions is 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. isan 31, Texas Jurisprudanae, Saotlon 105, We qaote

Publia Cfrlcars, pages 508 and ,509, a8 folloo~s: T3tatutes prescribing reea 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- one of which would give au otf+oar oompen- tiow, *2 Hon. John C. Knorpp, Page 2

sation for his aervloes in addition to his salary and the other not, the latter aonatructlon should be a&opted. . . ."

34 Texas Jurisprudence, Seotion 197, Publio offi- cert3, page 511, provides fn part an tollowsr

"As hereinbefore stated, tha compensation 0r publio ofilcers is rixd by the aanstltution or statutes. An orrioer may not'olaim or rdiaoh any money without a law autharizLng him 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 ,GENERAL OF TEXAS BY /a/ wm. Jb$$-j-~ APPROVRD ?UY 18, 1942

/a/ Gerald C. Mann

ATTORREYGTflkEULOFTEIAs

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