The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1874-06-20


each person employed rs guard, and mn nd
ditionnl allowance for the board Of such
guard" I'D. 2jOW.
"Thc commission OF off .nscs may he pre-
vented either, first, by lawful resistance, or,
second, by the intervention OF the officers Of
the law" ia. 2533)
"Any person, other than the party about
to be injured, may, also, by the use OF nccos-
oiiense." I'd. a5jSj
at Is the duty OF every magistrate, when
he may have heard, In any manner, that u
threat has been made by one person To do
some Injury to the person or property OF nn-
other, Immediately TO give notice to some
peace officer, In order that such peace officer
may use lawful means TO prevent the IN
jury" I'D. 2jiO)
"Wheuever In the presence or within the
observation ola magistrate an attempt Is
made by one person to intiict an injury upon
the person or property OF another, IL IL ms
duty to use all lawful means TO prevent the
injury. This may ne done either by verbal
order to peace officer TO interfere and pre-
vent the injury, or by issuance of an order OF
arrest against the offender, or by nrresting
fine offender; for which purpose he may call
upon all pcr' Ons present To assist III making
the arrest" I'D. 2IlJ
"If within the hearing ola magistrate, one
person shall threaten to take the life of an
other, he shall issue warrant for the arrest
ofthe person making the threat, or, In case
of emergency, he may himself Immediately
| arrest such person" I'D. 25i2D
at is the duty of every peace officer when
!
| that n threat has been made by one person
| to do some Injury to the person or properly
| of another, to prevent the threatened injury
| II within his power; and i'll order to do TINS
| he may call in aid any number of citizens in
his county. He may take such measures as
| the person about to be injured might Tor the
prevention OF the otiense." I'D. 23i'O
"Whenever in the presence of n peace Off
Ger, or within his view, one person Is about
| to commit an Oilcnse against the person or
| property ofanother, 1t is his duty TO prevent,
| II nd This he umnDu any
| number of citizens of his county 10 MS ald.
| He must use the amount of force necessary
| to prevent the commission OF the ollenSe,
| and no greater. I'd. 2)i5.)
| "Thc conduct of peace officers in prevent
| ing oflanses about to be committed in their
presence, or within their view, Is to he reIu-
lated by the same rules rs are prescribed 10
| the action of the person about to DO injured.
They may use all force necessary to repel the
aggression" I'D. 2jiG.
| "When from the nature of the case, ana
the proof offered 10 the magistrate, u Ina'
appear necessary and proper, he shall have
| n right to order any peace ofiicer TO protect
| threatened and such police officer shall
have the right to summon aid, by requiring
any number of citizens OF his county TO as
| sist in giving the protection" IA. 2j5S)
"When any officer authorized TO execute
! process Is resisted, or when he has sufficient
reason SO believe that he will meet with re-
sstancc in executing the same, ne may com
mand rs many of the citizens of his county
as he may think proper, and the sherin may
call any military company i'll the county 10
aid him in overcoming the resistance anu
If necessary, in seZing and arresting the per-
sons engaged in such resistance, so that they
may be brought to trial. I'D. 256H.
at is misdemeanor to refuse to obey an
officer, when SUNNI oned by him for the pur.
poses set forth in the preceding article
I'd. 2j6io
"Ii ii be represented to the governor in
such manner as to satisfy him that the pow
er of the county is not sufficient to enable
the sheriff to execut4 process, he may, ON ap
plication, order any military company o
Volunteers, from another county, to ana IL
overcoming such resistance" ID 25G5D
"Whcncver n number of persons are as
sembled together in such a manner MS tt
constitute a rot, according to the penal law
of the state, it is the duty of every magistrate
OF peace officer to caiisc such persons to dis
pefse. rlli may be either done by com
Inanding them IL dispense, or by hirestiht
with or without warran :" id. 25ti,l
ain order to enable the officer to disperSe
riot, he may call to his aid the power OF TN
county, in the same manner as IS PROVIDED
when 1t is necessary for the execution of pro
cess" I'd. 25G7.)
ar a justice of the peace, mayor. or an!
peace officer, shall have notice OF a rot, a nt
vent it, he is guilty OF misdemeanor. ia
256S.)
"Thc officer engaged In suppressing riot
and those who aid him, are authorized ant
justified In adopting such measures MS ARE
necessary to suppress the riot, but are no
authorized to use any greater degree OF 1orc'
than is necessary to accomplish That OBJECT
I'd. 1851
"if any person, being called on by a magis
trate or peace officer, shall fail or refuse Il
aid such officer in any matter III which by
law he may be rightly called on to aid or as
sist in the execution of u duty incumbent
upon snah magistrate or peace oilicer, he
fnn Ss pHIYhe 'i a ns e o' exceeding Ont
"EaCh sheriff shall be a conseryator OF the
peace in his county, and shall arrest all of
Tenders against the laws OF the state IN ms
view or hearing, and take them before The
proper court for examination or trial; lie
shall quel and suppress all assaults and bat
teries, attrays, insurrections and uniawiu
assemblies. He phall approhend and COM
nit TO Jail all felons and other offenders, un.
til an examination or trial can By had
I'd. 5llD.
"Whenever sheriff or any of his deputies
shall meet with resistance in the execution
of any legal process, they shall call to theil
aid the power Of the county"
And do further direct the district attor.
neys of the respective districts of the state &c
the necessity of sleepless vigilance in ferret.
ing out all offenders against the laws, and
their prompt arraignment and trial and to
this end they are charged with the duty OF
thoroughly informing all sherltis ana peace
officers as to their proper duties under the
law, and to hold them amenable for theiI
proper execution.
And do further remind the good people
of this state that the time is now upon them
to vindicate the right and power which they
have claimed and asserted to govern them
! selves. and ask that they so conduct them
| selves as that 1t shall not be said that an
armed force is necessary to hold them in
subsection to laws of their own making. l
ask the people of Texas to remember that
| this is their government, and that their
| homer and good name demand that the SUI,
premacy of tlieir laws be maintained, and
| that this can only be done by each and all of
| them giving their moral support and per-
sonal aid to the officers of the law, their own
| chosen servants,
Ifthey would avoid anarchy, bloodshed
and most serious mi jury to the best inter
ests OF the country-would put down crime
of every description, and ytndieate the ma
| jesty of the law according 70 legal forms OF
| procedure, the good people of Texas must
| come TO the rescue and do the work. No pow
| err resides in the executive to correct this con-
dition of things.
| And ! do further make nown and declare
| that the military power of this state Will be
| held In readiness TO render prompt assistance
| to all civil officers in the discharge OF their
duties, and every means known to the law
| will be exhausted in the enforcement of re-
| spect apd obedience to the law, and In the
due protection of the citizens OF this state i'll
their enjoyment of life, liberty and property.
The officers and members OF the frontier
battalion, and OF the minute companies now
In the field, IRE oriered'to execute all process
issued from the courts for thearrest of per-
sons charged with crime, who may be found
near or i'm the Vicinity OF their line of opera
tons, and are generally required to second
the efforts of the civil authorities for the sup
preston of crime and maintenance of the
law.
signed my name and caused the great seal OF
the state to be affixed, at the city of Austin,
this, the 18th day of June, A. d. 1874.
RICHARD COKE, Governor.
By the governor:
A. ". DEBERRY, Secretary of State.