The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-02-07
EMPHATIC INSTRUCTIONS.
Encouragement Hogg Calls At
tention to Violations of
Law.
After the Officers, Saloon Men
and the Boys Who Gamble
Over the Green.
Law.

The following letter from the head OF
the Judicial department of Texas needs no
explanation. 1t speaks for itself, and
does so in language that cannot be mis-
taken:
AUSTIN, February l, 1889.
Messrs. Robertson & Walton, District and County
Attorneys, Austin, Texas,
Dear Sirs-In various ways this depart
ment has been Motif I'D that the SUNDAY
laws" and laws on gaming" are commonly
and openly violated in the city of Austin.
Liquor saloons and gambling houses con-
Dected Herewith are the main subjects of
such charges, though others are also in
cluded in them. The alleged bo!dness and
publicity with which these offenses are
committed involves the suspicion that the
city and county officers are criminally
conniving at them and are willfully,violat-
ing their duties. To procure the enforce
ment of these laws, and, If necessary, to
have derelict officials prosecuted, is the
purpose of this to you.
The laws are plain enough and of easy
enforcement to prevent their breach or to
punish the offenders. You are therefore
respectfully advised to pursue all remedies
prescribed,to the end that these open vio-
lations shall no longer be permitted in the
Capital city of the state. Sue the saloon
men on their bonds under the act of 1887,
page So. Prosecute each of them and all
other parties for violating the Sunday law
and for allowing gambling to be carried
ON in connection with their houses; have
every man arrested and pros ecuted whose
name you can obtain, whether q visitor,
stranger or local citizen, who has taken
part in gambling; under the act of
1888, page 8; enjoin every owner and
occupant of any and every building that
Is kept in open violation of the Sunday
law or in connection with which is run a
gambling table or device, or in which
gaming is carried on. In addition thereto
it is but proper and just to have indicted
all the officers whose duty it is made to
suppress gambling in the county. The
law requires every justice of the peace,
mayor and recorder, who shall know the
fact that an offense against the gaming
law has been committed by any person to
cause him to be arrested and prosecuted,
and makes it the duty of every peace Off
Ger who knows of violations of the laws
on gaming to give information thereof to
some justice of the peace, mayor or
recorder, and subjects him to heavy fines
for neglect, refusal, or failure to do 80.
Up. O., Arts. 1858, 369) Peace officers are
defined to be the sheriff and his deputies,
constables, msrshals and policemen of an
incorporated town or city. &c. @. Art. A. }
So that upon investigation if you should
fad any of the officers mentioned have
failed of their duty you are advised to
prosecute them, and if it becomes neces-
sary also to take steps to remove them
from office on the ground of official mis-
conduct. 1t is hardly reasonable that
such open and notorious violations of
these laws can be continued right along
the daily pathway of the officials of the
county without their knowledge. Having
implicit confidence in your ability as we'll
as fidelity to the trust reposed in you,
this department feels assured that you
will unhesltatingly move against all the
officers and criminals who hold the laws of
the state in such contempt.
Very respectfully,
Signed j. s. HoGa,
Attorney General.