Untitled Texas Attorney General Opinion ( 1940 )

overlookedthe'factthat. :..
: -
-Aid. 6196, hixsbeen h&I void :. I
j. in 0-1850, end other former :
\. Opinions of this office,See
f
,.._~ origlml OPiniOnsin vol. j
i .I' 305,,Attaq Oencral S. Opiaions. P. 4
,OFFICE OF-I-HE
I .
Eon. 0. J. 5. Ellln~son
Oensral E6aager
! Texas Prison system
Hunterills, Texas
4~221, .seri~e~~~d~rro~
pardons ,by, the &sbu-
cbereed follolpln~~aa
interview with a Federal ~overment.
..The~proolanatloil aad~ttit t&e ooa-
lick be released on oificer'oi the South-
es, Callftirnla..~That :
on Officer for the South-
itta to ascertain where
bjeot ma brought iron East&m No.
f took the boy in my car to EuatsviUe, 1st his
aatoh the bus to Greenville, Texas* Se has 6n auat
that resides 6t 1715 i%u~hill street * * * This
arrangement was maLadebecewe he vanted to g0 back
to San alego, California where his mother and sisters
.
live.... ..
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I,;,!
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.:~
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: Bon; 0. J. 9. Ellingson, Page 2 - ... '~'>.>;
1
. J. : ,!.~
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"This plan that he return to California wa6
66tisfaotory to ne and naturally would take him
baok through El Paso. At the present tine ha is
making an attempt to oontaot his people in Califor-
nia to raise finances enou& for his travel from
21 Paso to San Dieso. If there is anything that
can be done in connection with sending the money
for his rare to 31 Paso to him at the address in
Greenville, I will qqreoiate it very muoh.R
The applicable atatut: is Article 6196, Yernon's
Annotated Civil Statutes (Acts 1929, 41st Leg,, I& c. 3..,~
p. 9, ch. 5, li1):
:..
qot more than ten dsys nor less than four days.
iisfore any conviot is dischcrged from the penitentiary
there shall be prepared and sent to the di'atriut clerk
Or the county *here the conoiot ~$68 convioted and SQ~--
tsnoed, or to such other county as hereinafter provid-
ad, e written or printed discharge from the Boer&,
signed by the Chairm6n with the.seal ot the Board
sfflxed,~ kiving his ncine, date of sentence, from what
county sentenced, t&s amount of commutation received,
the trade he has learned, his proiiolesoy in same and
suah description as nay be practicable. Which report
shell not be less than Sour'days prior to said dis-,
aherge sent by registered mail to seid district clerk,
and said report shall. have'6 place for the convict
tO.Sign proper receiptor Said diSCh.FTSe upon his
presenting himself tc said district clerk, end he
ah811 report forthwith Upon his errival to, such clerk,
and he shall not be considered as finally disoherged
until he aresents himselr to said clerk and signs
Said reCeipt. He shell be timished with a suit of
clothes, Of good quality artd fit, t'~O suit8 of un-
derwear, one gair of shoe6 and e hat, one shirt and
five dollars in money in addltion~ to any mone7 which
he may have to his credit with the Board, end in
~addition the - OS t&ee dollars 6s further travel-
.goo:O. I. S. EUAngaon, Page 9 .~~
- ?,:
From a readin& oi *tb3 for&mii~ statute atiiappiied
to the Sacts set out by you, it ia.a$%ent that ihe Lagiala-
tura aonterrplated that any transportation would be from the
~- pleae of dlsaharge ot the convlat to either (1) the county in
rbich conviction occurred, or (2) any other county seat Id the I~
8tats selected by the convict; but In such’event only aftsr
approval of en oiiiclal designated by the prison comIasion.
Further, we again eqhestze the language of the statute: “Ee
#hall be, given a: non-transferable axxl non-easheble ticket.”
It is our optnion you uould not have authority to ‘. I
rend money for the requested fare $0 the ‘said convict. He
Waited any claim thereto &en the term of Article 6196, aupra,
*me not complied with upon his release from the prison.
Yours very truly