The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-12-10

the custom house employee, for none was
specified. That the substitution of an en-
ploye by another of those who are en-
gagged in the surveillance of the trains.
does not exempt the former from the OBJ
servance of the rules established on such
trains. even though sickness be alleged as
a cause therefor. especially when the said
rules have been approved by the supreme
government of the republic. That the
FAULT committed should be attributed to
the collector or the employe in his Office
for not having provided him with the
necessary ticket, which ought to have
been personal for the very reason that he
was known and the conductor is not
obliged to know whether or not an abuse
was being committed which on the other
hand might compromise his responsible
lty: that furthermore an official has com
mltted the abuse of the authority of i'm
| prlsonlng an Individual. who. if l. be true
Is IN the service of railroad company. at
the same time performs public services
which render 1t necessary to proceed only
under just causes by the competent au-
| tnorlties so as not to interfere in any case
with the good of the public, as would have
occurred at some other place and differ
ent circumstances.
The court, for the above reasons, and
taking cognizance of the case because it
occurred at Lampazos de Havanjo, in ac-
cofdance with the provisions of the law.
hreeby resolves:-
First-That this investigation against
George King is now dismissed because
there is no fault whatever to correct and
it Is declared that these proceedings do
| I7li1
Second-That the collector of the Gus
tom house be reminded that only the iu-
dlclal authorities have the power to de-
prive man of his liberty, except in cases
of infragrante delicto.
Third-That the present be communi-
Gated and the original proceedings sent to
the superior court for revision.
1t was so resolved and signed by the dis
trict judge of Nuevo Leon. attest:
(Signed T. GAL1NDo,
Attorney-atLaw
! (Signed) 7. P. MALDoNADO
Attorney at-Law, Secretary.
true copy, to which I hereby certify.
MONTEREY, September %, 1885.
I attest:
(Signed) TsMAEL P. MALDoNApo,
Attorney-at-law, Secretary.
A seal which reads: District Court of
Nuevo Leon" Monterey, Mexico.
A seal: "Office of the Secretary of the
Supreme Circuit Court of Nuevo Leon,
Coahuila and Tamanlipas, Monterey"
MONTEREY, November twenty fifth, one
thousand eight hundred and eighty-four
Having examined the investigation
which, under number 211. and at the in
stance of the frontier custom house of
Nuevo Laredo, was commenced in the
district court of the same town, against
Mr.. George King, for having ordered off
the train of the Mexican National rail
| road custom-house guard named Ear
daneta. at the time he was on his way to
this city, looking after the interests of the
treasury in place of another employe of
the finance department of the fedora
ton.
Having examined the report relating
thereto, in which the fact is announced,
the arrest of the conductor of the train
for having attacked the interests of the
treasury, and the matter referred to the
cognizance of the judiciary; as also the
first proceedings and their transmission
to the district court of Nuevo Leon, as the
competent authority to take cogniZance,
| inasmuch as the act which was the cause
for proceeding was executed within its
Jurisdiction: atserhe inquiry carried on
by the custom house, copy of which was
sent to the prosecuting attorney, and the
decree of the Sd of June. of this year, by
which the court ordered the dismissal of
the case, as it had found no offense to
correct, and the act had been caused by
the want of a ticket on the part of the
employee, who had not taken care to pro-
tact hi olf with tioxnt of hic Our Il
carried the one belonging to the employe
whose place he filed while on duty. Hav-
ing examined the opinion of the prose-
cutting attorney, given in a confrmatory
sense, as also ell the other proceed
ings in the case which it was
proper to examine and bear in mind.
Considering that the act, such as it ap-
pears from the proceedings and evidence
annexed herewith, does not reveal any in
fraction whatever of the penal law, and
far from it, the conductor of the train
acted in accordance with the provisions of
the railroad regulations, which do not allow
an employe to travel with ticket destined
for another. In conformity with that
opinion, it is hereby resolved,
First. The aforesaid decree of dismissal
is now approved and confirmed, together
with the declarations it contained, to the
effect that the proceedings do not hurt
the reputation and good name of Mr.
George King, and that the collector of the
custom-house went beyond his authority
in the arrest which he imposed upon the
former.
Second. That this resolution be com
municated, and the customary copies is
sued, and proceedings forwarded to the
supreme court of Missouri for the CORES
ponding effects. It was so resolved and
signed by the circuit magistrates before
me, the secretary. I attest:
(Signed) DoAI1NGo MARTINEZ,
JOSE J. GARzA DE LLANo, Secretary.
It is a true copy to which I certify.
(Signed) JOSE J. GARzA De LLhNo, Sec Y.
It is true copy to which [ attest.
Monterey. September %. 1885.
7 attest:
(Sigued) TsNAEL 2. MALDONADo, Sec'y.
COMPTROLLER OFFICE.
The railroad and tpleUraDh reDOrtS have