San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-27
RANGERS
MUST OBEY
STATE LAW
Cannot Expect State Courts
to Accept Illegal
Procedure.
DENY BARTON'S CLAIM
Justice Says Adjutant Cen
erals Statement
UnfOunded.
HAD ACTED ILLEGALLY
Barton Never Appeared
Before Present Grand
| Jury.
HAD ACTED ILLEGALLY

"Adjutant General Thomas ID. Bar
ton tries his cases in the newspapers
he doesn't need the courts"
Justice of the Peace Il. Neil Camp
bell, who has had occasion TO dismi:>
couple of liquor eases filed by sta.e
rangers because illegal search war
rants were used in obtaining evidence
made the above remark Friday after
noon in reply to criticisms hurled "a
the Bexaf county courts ard grand
jury by tbe. state aaiutants genera!
easlief' in the daSs Adhtant General
Barton had given out statement a.
Austin. questioning the right of tn,
Ninety-fOurth district court grand jury
to indict Ranger Captain b. c. Bald
win for failure to make Il proper re-
port on seized liquor and for ''illesal-
ly disposing" of seized liquor. At the
same time the adjutant general d.
clarcd that the rangers were takir-
all liquor cases to the federal courts
las we have never been able to get
into the state courts with liqu y
case"
Must Act Legally.
General Barton and the state
nave HtNtG Detl lCluStu
cess to the state courts in liquor or
any other cases" Judge Campbell said.
The only thing that we request ct
the rangers or any one else is thai
when they file a case they do so IT,
gally and have legal evidence TO sur
port their complaint. We are ready
and willing at all times TO aces,
complaints from the rangers and II
they are in legal form they can rest
assured that they will be prosecuted
just the same as il any San Antonio
citizen had filed them"
General Barton's criticism. Judge
Campbell declared. is Unjust and is
not supported by any facts. The adju
tant general. he declared. is not max
ing any attempt to get into the state
courts with his cases.
General Barton informed ne TIE
first time | ever met him." Judge
Campbell said, that he had no dc.
sire TO file his cases in the justic,
courts. L will not bother you' wdN
the way the adiutant general put ii,
L will take all my cases direct to thc
grand jury
Search Warrant Void.
Referring TO the adsutant generals
charge that he had held that a rang
or could not serve n search warran',
Judge Campbell pointed out that he
quashcd the Klaus liquor complaint
evidently referred to without going
that far.
THE evidence introduced at the
preliminary hearing" Judge Campbell
said. showed that the search warrdn,
had been obtained illegally and Judge
McCrory of the Ninety-f0urth district
court. who issued it. had stated pun
licly a day or two before the tria.
that rangers had not been securing
search warrants legally.
LAS matter of fact. however, had
| gone that far in my decision, the
law provides specifically that search
warrants shall be served by the
sheriff or any constable of a county
and does not mention state rangers.
Legally. | don't think a ranger has
a right TO serve a state search war
rant"
Barton Not Above Law.
Taking up the question. of the Nc
Donns and Bell eases. out of which
grew the indictments against Captain
Baldwin, Judge Campbell said thar
the cases first had been filed in his
court. Later, lie said. the district at
toruey's office requested that they be
dismissed and the court docket bears
this notation. The court absolutely
did not dismiss the cases nor did it
refuse TO prosecute them, Judge
Campbell said. adding that there
evidently was Discrimination on the
part of the district attorneys office
to have the cases prosecuted.
As evidence of his willingness to
serve the rangers in his capacity as
Justice of the peace. Judge Campbell
nointed out that some weeks ago he
issued three search warrants out Of
his office and accompanied the ran
gers when they served them.
"These search warrants were APP
piled for in n legal manner" Judge
Campbell said. "and ] did not hesi-
tate to issue them. That is still my
attitude. let Adjutant General Bar
ton who is representative of the
CONTINUED on next page.)