The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1860-09-01

M EofroS
Everybody = presumed 10 tsew the
law and everybody is. likewise, pre-
sumcd to do the law. These prcsu'nf p
tons, however, are not Of the rodent
kind, for experience has shown, in MI
ages, that the law has not been done hy
everybody, and ! might p,esSms against
a presumption that the law has not been
knorn by everybody. 1t may be thai
sre~ mor, there are some without this
knowledge, and others without will &c
do. II there 10 any Of the latter class
,peoai provision ought to be made fc'
them, TO prevent crimes ~ well AZ &c
punish them. rris true there is some oio
law intended to prevent crime and pun
lish 1t. but il has become nearly obsolete
indeed, il il 40 difficult Of application
that yonng America can't take the trouble
to put il in motion.
IL crime is threatened or committed
the law can only be administered by thu
Magistrate, and the Magistrate can only
act on legal information, and this lcga
information must be communicated in ;
lssal manner and the worst Of all is no
body will communicate it 10 him in {
raj manner And while magistrates
and peace officers thus reason the law
IL not likely 10 be very rigidiy enforced
Well, said special provision ought L
be made, not to repeal the old law, bu
to give the magistrate and peace Office
more speedy mode Of executing it /; t.
arrest offenders in certain cases withou
warrant as well as with warrant! Thu
criminal code contains the following
provisions
Frasr-For Preventing Offences.
|. 1t is the duty Of every Magistrate ,ehe'
he may hare heard, IN any manner, tina, threa
has been made by one person to do some injur
10 the person or property Of another. mmcdi
ately TO give notice to some pence officer, il
order that such peace oficcr may usc la~tu
means to prevent the injury.
?. Wherever, in the presence or within tn
observation Of a Magistrate, an attempt is mad
by Que person to infict an injury upon the per
son or property of another il is his duty TO us
all lawn! means to prevent the injury. Thi
may he done either by verbal order to peac
officer ITO interfere and prevent tho injury, or b.
the issuance Of an order Of arrest against tn
offender or by arresting the offender for whicl
purpose he may call upon all persons to assis
in making the arrest
3 IF within the hearing OF a Magistrate on
person shall threaten 10 take the lie Of another
be shall Issue warrant for the arrest OF tn
person making the threat, or in case of cmcr
gcncy, h. may himself arrest such pcrsun.
4. When the person making such threat i
brough, before the Magistrate, he may conrel
him to give security to keep the peace or com
init him 10 custody.
SvcoSp.-h'vsa rdlom Uarrani
l. A peace officer, or any Other person. ma,
without warrant. arrest an offender when th'
offence is committed in his presence, or within
his view II the offence is one classcd as a felony
or as an offence against the public peace.
2. A peace officer may arrest without war
rant. when a felony or brcnch OF the peace ha
been committed, in the presence or within The
view Of Magistrate, and such Magistrate shal
verbally order the arrest Of the ofndcr.
3 The municipal anihoriiies OF tosns an
cities, may establish rules authorizing tbs arrest
without warrant, Of persons found IN saspicion
places, and under circumstances which ree.or a
bly, show that sach persons have been guilty o
SON" felony or breach Of the peace. or threaten
or arc about to commit some offence against III,
law.
4. Wherc ii is shown by satisfactory proof t,
= peace ofhcer upon The representation Of Il ersi
,ble pevon, that felony has been committee
and that the osEpder is abou, to escape so thai
there IL no time 10 procure warrant, sue.
peace ofaccr may, without warrant, pursue AM
arrest the person accused.
.. In oil the cases enumerated in this chap
ter. the person making the arres, shall immcii
ately take the person arrested before ths Mag
istraie who may have ordered the arrest, or be
fore the nearest Magistrate where the arrest wa
mate without an order.
TmRD.--DW,ss Of Offers
I. 1t is the duty Of every Magistrate to pre-
serve the peace within his jurisdiction by the
use Of all lawful means, to issue nl process in.
tended TO aid in preventing and SURPRISING
crime to c~nse the arrest Of offenders by the
use Of all lawful means, in order that they may
be brought to punishment.
e. II is the duty Of every peace officer 10
preserve the peace within his jurisdiction To
effect this purpose he shall use all lawful means
He shall in every cave where he is authorized by
law. interfere rtfhoM warrant 10 prerent or sup.
press CRIME. lie shall execute oil lawful pro
cess issued to him by any Magistrate or Court
lie shall give notice to some Magistrate. of all
offences committed within his jurisdiction w.~re
he has good reoon 10 bsiters there has been no
hi'on Of the penal iau. Tie shall arrest oli,nders
without warrant, in every case where he is nu.
,horiaed by la~, in order that they may be
taken before the proper Magistrate or Court,
and he brought to punishment
Code OF Criminal Procedure. Art 1872. "A
Judge OF the District Court who has know ledge
that any person is illegally confined or restrained
in his liberty within his district, may issue tho
writ Of Habess Corpus without any application
being made for the same"
With these provisions, it seems that
almost every impedimcnt is removed and
the law wants no other instruments than
efficient officers men, who will take
the responsibility of discharging their
duties fully and promptly.
But 10 fiji up the circle Of the power Of
the law. the private citizen owes duty
to society, to aid il by giving the proper
information on all occasions, Of infrac-
lions Of the penal laws to the proper