San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-10-11
PROBE CHARGES.
FILED AGAINST.
FIVE OFFICERS.
Malicious Prosecution
Charges May Result If
Officials mo Billed."
HAS FIVE ARRESTED
Rangers Allegations Are
Chased Ridiculous;
Blame McAsk;ll.

A special district attorney may be
appointed TO Investigate the charges
Of misapplication of public funds
brought against Mayor John w.
Tobin, County Clerk Jack K. Burke,
District Clerk Osceola Archer, Coun-
ty Attorney Tom j. Newton and
County Collector John A. Bitter. This
was indicated Thursday morning when
Judge w. W. McCrory charged the
9th District Court grand jury to In
vestigate the complaints to ascertain
if the officials named are guilty OF
any criminal offensc and it not 10
mo bill and exonerate them"
The complaints were filed in a JUS
tice court at Hot Wells Wednesday
afternoon by Ranger Captain Is. Z.
Baldwin and those against whom they
were brought charge that Adjutant
General Thomas ID. Barton and Dis
trict Attorney ID. A. McAskill arc di-
rectly responsible for them. They
grew out of the collection Of cx-officio
fees by various county officers, the
question as TO whom the fees right
fully belong already having been TAX
en- up in the courts in civil proceed
ings.
Cite malicious Prosecution" Law.
The complaints were characterized
at the court house Thursday as "ri-
question but that the grand jury will
mo bill" those so charged. In the
event of such action on the part Of
the grand jury prominent San An
tonic attorneys hold, those RESPONSE
l. H. .f hA aapn,,la i INT {
could be prosecuted for malicious
prosecution"
ITO be guilty of a criminal offense
such as misapplication of public
funds" this attorney said. ian Off
cial must take such funds with intent
to defrand. He must believe they be-
long TO the state and not to himself.
These officials have been collecting
these ex-officio fees, believing that
they rightfully belonged to them.
1.-The fact that the county commits
sioners. representing the state, filed
civil action to determine this ques-
ton, shows plainly that the state did
not believe that the officials had any
intent of fraud, but it merely was a
question of the rightful ownership of
certain funds. The filing of the civil
suit by the state. in my opinion, is a
bar to any criminal prosecution"
The statute covering action TO be-
taken against those responsible for the
charges, one attorney said, provides
that anyone filing suit "for the pur-
pose of vexing. harassing, or injurins
a party" is guilty of malicious
prosecution" and can be punished by
a fine ranging as high as $1,000 or
one year in Jail. or both.
May File Charges IL Cleared.
Should the grand jury mo bill" the
five officials. it was freely predicted
at the court house Thursday morning.
an attempt will be made to ascertain
who was actually behind the filing OF
the complaints. When this is deter
mined. it was declared. action un-
doubtedly will be taken.
Judge McCrory in his charge TO the
grand jury informed them that GER
tain criminal charges had been filed
against county officials.
This is a matter of great import |
ance and should be investigated at
once" Judge McCrory said. "If these
gentlemen have violated the criminal
laws. it is your duty to investigate
if they have not done so it is your
duty TO investigate and no bill and ex-
onerate them
The matter. Judge McCrory said.
was one which should take precedenceI
over everything else and he urged the
grand jury to SO consider it. He
pointed out that. the grand jury can
have access to all books and public
records in its investigation. TO a
question from the foreman as TO
whether firm of auditors conld be
employed. Judge McCrory said such
a recommendation would have to be
made 10 the commissioners court.
To Name Special Attorney.
Judge McCrory afterward admitted
that he may decide TO appoint spe
cial district attorney to conduct the
investigation before the grand jury
County officials all along the line are
interested in the matter. Judge NJ
Crory said. ard he believes 1t would
be only fair TO all concerned 10 hava
an attorney not holding public office
investigate the matter
While some of the officials against
whom complaints were filed were in
clined to be offended by the action OF
the state adjutant general. the ma
jority of them made light of it.
Merely another attack on me by
the Ku Klux Khan and n. A. No
Askill." was Mayor Tobin's brief COM
ment. IL should have thought. how
ever. that they would have taken the
matter before the grand jury and not
filed in some isolated justice precinct.
Adjutant General Barton. it was
reported at the courthouse Thursday.
was inouiring as to what effect the
filing Of the complaints would have
on the general public Most everyone.
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