, 1935-07-02
ILLEGAL ACTS
FIGHT BEGINS
Judges Orders To Restrain
Officers From Arrest
OF Drivers

EDlNBURG. July 2. Another
fight against allegedly illegal acts
Of Texas peace officers in arrest
/ ing truck-drivers on "trumped-up
charges" and without proper search
warrants while travelling over Tex
N highway got under way In HI
dalgo county district courts Mon
day.
Judge Fred Bennett Of the 93rd
Civil District court issued a tenn
porary order restraining "all peace
officers Of the state from arrest
ing G. F. Wood, Donna farmer and
all his truck drivers, pending a
hearing set for july 26 at Edinburg
on Woods Plea for a temporary in
junction. Woods petition names
as defendants <. Q. Thompson, G.
". Terrell and L. "a. Smith, mem
4 bers Of the Texas Railroad Com
mission: Mark Marshall, director OF
motor transportation for the COM
\ mission: L. G.. Phares, chief Of the
Texas Highway Patrol; Carl Mes
bitt. Acknowledgement Of Texas. all
deputies, inspectors. license p
weight inspectors. employees and
representatives OF the commission;
ali members Of the Texas Highway
Patrol, and specifically Patrolman
Hill Foreman and Dan Abbott Of
Harrington: all Texas Rangers, all
sheriffs. deputy SheriffS. constables,
deputy ~constables and all peace Of
ficers Of Texas.
The petition alleges that Wood
Is a farmer and transports his own
products TO market from the Valley
and buys from other farmers and
packers when his own farm is not
producing and hauls this produce
TO market. Ii asserts that on
numerous occasions, seace officers
In numerous counties have held
up. stopped and without legal war
rant issued by a court Of competent
jurisdiction. arrested and searched
ph2sntiff and his truck-driverS and
seafched his trucks. extorted from
him and said truck -driverS large
sums OF money In unlawful fees and
fines. and. IN fact, on several oc-
casions. have thrown plaintiff and
his truck drivers in Jail, held them
In restraint and under false i'm
prisonment, on trumped-up charges
OF alleged violations Of subdivisions
IF OF section 3 and section 5. and
"a Of section 5 Of article Glib Of
the civil statutes or 1881 and OF vio-
lation OF section A Of article l690b
OF the Penal Code Of Texas
In alleging that the forced stops
and searches were made without
proper authority, the petition as
serted the officers were making un-
lawful arrests and thereby becoming
NAKED trespassers" on the defend
ants property and that they vio-
lated his rights under the Fifth
Amendment Of the constitution OF
the United States and section IS Of
4 article / Of the Texas constitution.
"A similar petition was filed and
a similar temporary restraining or
der issued IN favor Of ". N. Vickers,
also a Donna farmer and truck OPP
orator engaged in hauling his own
produce. the defendants being the
same and the allegations being SIM
liar.
\ Hearings Oh the temporary in
functions requested will be held IN
both cases in Judge Benefits court
on July Is.
This is the second important
truck suit to appear IN civil itiga-
ton in HidalEo county during re-
cent years. Some time ago, Ken
needy Smith OF Edinburg, represent
ing j. G. Engelman. Inc, developers
onEngelman Gardens near Edin-
burg. won a suit IN the Texas
supreme court which definitely es-
tablished trucks used solely for farm
III poses and for no other purpose
as implements Of husbandry' and
thus, under the statutes. exempt
from payment OF the state license
tax. The case was In the courts
NOR, than two years.