San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-16
RANGER LAW
INVALID, SAYS
AN ATTORNEY
D. B. Chaplin Questions
Right Of Organization
Under Constitution.
MAY BE TEST CASES
Unusual Situation Develops
Is Result Of Pamph-
L let Just Published.

That the, law authorizing the or
ganization of the Texas rangers is
void because it directly violates the
state constitution and the Fourteenth
amendment to the Federal Constitu-
ton is the opinion of D. b. Chaplin,
San Antonio attorney, former judge
of Hidalgo county and former mem
Der of the State Legislature. rs well
as an authority on constitutional law.
Mr.. Chaplin. together with Chambers,
Watson and johnson, firm of well
known San Antonio attorneys, has
just published pamphlet deaIing
with this question.
The opinion was inspired. Mr..
Chaplin explained Saturday, by the OBJ
servance OF Constitutional Week, I"
which will begin Monday and during
which it is planned to instill into
American citizens, a respect for the
government by constitution" and to
combat. radicalism as well as TO call
attention to the constitutional guar
antees of local self-government. While
neither Mr.. Chaplin nor any member
of the firm of Chambers, Watson and
johnson would discuss the matter, IL
is generally believed that the con-
stitutionality of the law creating the
raIiger force WI be attacked in the
!. cosrts ut an early date.
May Test TIE Law.
While Mr.. Chaplin declined to dis
cuss it, it is also believed that the
presence Of state rangers in San An
tonic, who came here more than two
months ago, without any request from
county or city officials, influenced
him somewhat in his desire to ascer-
tain the law in the case. He eS-
planned carefully, however, that he
has no quarrel with any state ranger
or official, but that his work has been
entirely in the interest of preserving
local elf-government.
In the first place, Mr.. Chaplin point
ed out, and he so sets out in his
pamphlet, which is intended primarily
for the use of attorneys, and is highly
technical, the constitution reserves to
the people of Texas all political
powers.
"The governor of Texas" he de-
clared, "is a creature of statute and
has no power aside from that confer
red upon him by the constitution. The
constitution provides for the enforce
ment of the laws of the state ana au-
thorizes the use Of the state militia.
1t also provides for the election of all
peace officers by the people. There
fore the Legislature is implicitly pro-
hibited from creating any other peace
officers"
Sets Aside Elective Power.
A provision of the legislative act au-
thorizing the creation of the ranger
force, Mr.. Chaplin pointed out. is that
it shall consist of not to exceed one
headquarters company and four COM
panies of mounted men, except in
cases of emergency, when the COVER
nor "shall have the authority to in
crease the force to meet extraordin-
airy conditions, Such authority, he
insists would set aside the powers of
the elective officers of county or
city and substitute ranger force in
eatead.
under such authority" Mr.. Chap
in said, "the governor could add TO
the ranger force without limit, could
place thousands of men on duty in San
Antonio thereby usurping the powers
of local peace officers elected by the
people"
Such action, he pointed out, would
rob the citizens of their constitutional
right of selecting their own peace Of
ficers. Specific directions with re-
gard to the election by the people OF
all peace officers, Mr.. Chaplin in
sists, "by implication deny TO the
Legislature, authority TO provide other
methods"
"These laws creating the state
militia, sheriff and constables for each
wers mart Of Tho law Of ,he ,a'n.. ,,'