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Honorable Ned Price, Chairman, page 3 (WW-623)
In so doing, the court has established that payment of court costs was a necessary incident to the trustees' protection of the fund, and, therefore, was a proper use of the funds there deposited. The Supreme Court has said that court costs should be paid from this fund. To our mind, the question has been resolved, and the question is now settled law, You are advised that it is the duty of the Indus- trial Accident Board to pay court costs incurred in de- fense of the Second Injury Fund from such fund, and is the duty of the Comptroller to issue warrants in payment thereof. SUMMARY It is the duty of the Indus- trial Accident Board to pay court costs incurred in de- fense of the Second Injury Fund from such fund, and it is the duty of the Comptrol- ler to issue warrants in payment thereof. Yours very truly, WILL WILSON Attorney General of Texas By Tom I. McFarling Assistant TIM: zt : r APPROVED: OPINION COMMITTEE Gee. P. Blackburn, Chairman L. P. Lollar Leonard Passmore Joe Allen Osborn James Daniel McKeithan REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert