The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-09-27

ton might be too strong for the local
authorities, as, in such instances the
police power of the state
could be lawfully brought
to bear in arreSting the
guilty parties; but in the present
temper of the public mind on this
subject, and with no disposition on
the part of large number of citizens
in many of the communities most di-
rectly concerned to invoke the aid of
the law in punishment of fence cut
tiers, it would not only be useless and
futile for the state to interfere, but
also beyond its lawful power to do so,
as its authority to act in the premises
comes through the courts and their
processes. Many persons who have
been injured by this variety of law
lessness, and many newspapers not
thoroughly we'll acquainted with the
limitations of tae constitution and
the laws made hereunder, have been
and are now disposed to hold the gov
ernor responsible for many of
these excuses on account of his sup
posed disinclination or refusal to
make the power of the state instantly
and actively felt, through its military
arm, in all these troubles.
1t may be well to let the people
every where in the state know that
the present administration, like all OF
its Democratic predecessors for sew
eral years past, is guided and con-
trolled by the constitution and law
and that in handling and managing
the semi-military force, known as the
Frontier Battalion, the policy now IS
hne knf fn loon
force subject TO and as an adjunct OF
the local civil authorities, and to hold
it strictly within the line of its law
full authority and duty. The power
of the Rangers, when acting as pc
lice force, is legally and only that of
sheriffs. and their advantage over
such officers, in breaking up lawless
bands, or in pursuing and arrestlng
criminals, is simply concert OF action
auickness Of movement, the right to
pursue without regard to county
lines, their boldneSs, energy and de-
termination, and the fact that they
get their appointments direct from
the state and do not have to look to
the support of individuals in the COM
munities in which they may be called
to render service in uphOlding the
law. These are great advantages, and
have been so recognized by successive
legislative appropriations to keep up
the force, but they arise from the
character and material of the organi-
cation and from the peculiar features
and necessities of the service itself,
and not from any unusual or uncon-
stitutional power with which this
force is. or is supposed to be, invested.
There might be extraordinary circum-
stances in which the governor
would be fully warranted in the
use of this force, or with any other at
his command, in going beyond the
limits of the exact letter of the law,
in cases of imminent danger to the
peace and safety of a community; but
until such cases arise there can be no
call for and no exercise of this I'M
doubted right of the executive to
adopt extreme measures, where a
great public danger threatens. In the
class of offenseS under discussion the
various communities Immediately
concerned would do well to at once
take the initiatory steps, through the
authority of the local courts, and the
power of an ouuspoken, honest and
fearless public opinion, to correct the
evils by which they are cursed, and in
cases where this cannot be done, by
reason of combinations of law-break-
ers too strong for the local authorities
and citizens to overcome, the governor
will be found more than willing to do
all in his power to assist such COM
munity in clearing itself of violent
and lawless men.
Legisia alive authority has been and
will be invoked in this matter, but a
modification of the present laws on
these subjects, or an increase of pen
atty for these offences, however de-
sirable, will prove of slight value
unless preceded by prompt and posi-
tive action of the people themselves,
looking first to securing some under
standing between both parties to these
wrongs and injuries by which NUT
ual forbeaFance, justice and fair deal
ing shall obtain, and then to the up
building OF a strong, healthy public
feeling in favor of prompt and full
punishment before the courts, of al
wrong doors, whether big or little
rich or POOR.
Let the large pasture men deal lust
ly with the community and with thu
smaller stock men, by having gates al
all points needed for public conven
fence, and by giving access to water
| which, in many cases, is much more
abundant than is necessary for thu
sole use of the pasture men; and il
cases where pastures include public
lands, or private lands not owned mol
| legally under the control of the party
who has it fenced, let such lands b,
turned out, or an agreement made tina
the stock of the owner of such private
lands, SO enclosed, shall have FREE
range within said pasture according
to a fair adjustment. Let all unite
then, in a determination that fenc,
cutting must cease, and that the full
power of the law shall be brought Il
bear against parties guilty Of this of
Tense. and this difficult and dangerou
question will be practically and peace
ably determined in short time.
The direct as well as the more re
mote damages done the people and tn
state by this particular character o
violence, have been already great, ant
if permitted to go on the consequence
will be fatal to the best interests o
the state in many directions, and t.
the peace and security of life an,
property in many communities.
The lawiess killing of sheep a
night, and sometimes beating an,
threatening their owners or herders
is confined so far to a few localities
and, according to public view, ther
can be no excuse for this brutal an,
savage spirit; and any community il
which such things can take place, ant
be constantly repeated, without effort
for their punishment, must be lacking
in some of the elements OF robust
hardy and manly citizenship, or ms
be overawed and completely cowed b,
the real or supposed numbers of tn
cowardly miscreants who prowl il
the dark to do such deeds of ruthles
violence. The cure for this and TO
all other lawlesSness, is an honest
open, bold administration of the law
backed up and sustained by a fearles
public opinion, determined and ben
on supporting order and goo
government at all hazards
To such community as thi
when threatened by combinations o
lawless men too strong for ordinar,
means to cope with, the semi militar,
power of the state, when it can b
done, will be freely given, and to nom
other is it necessary or useful, as tn
real strength and power and majest,
of the state must be at last made
known and felt through the legal
constituted courts of the country
These are the recognized constltu