Texas Attorney General Opinion: O-5345 Page: 2 of 5
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Honorable 5. C. Smith, page 2
hold that independent of statute, the authority or jurisdiction
of the uarshal would not extend beyond the oity li ita, and
that the question was whether the statutes of this State have
extended the authority of the marshal in the matter of mlr~n
arrests beyond the city limits. Tbhe ourt then recited that
city marshals were "peace offi ers, and peace officers could
arrest without a warrant under the conditions prescribed in
Article 215, supra. That this was a strong implication that
a city m rshal is placed in the same class with other officers
whose jurisdiction extends to the limits of the county. The
court further quoted fron yhat vas than Article 36,, Revised
Statutes, (now Article 999) that a marshal "in the prevention
and suppression of crime and arrest of offenders he shall
have, possess and execute like power, authority and jurisdie-
tion as a sknriff of a county under the lava of the State."
As to vhat extent this language eallarged the power of a city
marshal to arrest, the court eaidA
.. We are of the opinion that the langs.4e
quoted trom artiloe 3., above, vas intended, 'in
the prevention and suppression of oren and arrest
of offenders' under the state law to confer upon
the marshal the oPVer. authority, and jurisdiotton'
of a sheriff. Thus, again, we are directed by the
legislature to look solely to the sherif f s power,
authority, and jurisdictiont in order to determine
that of the marshal in nares of offenders
against the tate law, without any intimation that
the 'pover, authority, or jurisdiction' of the lat-
ter was to be more Oircumacribed than that of the
former. Power and authority, as IppLed to eao-
tive officers, seem to be convertible term, for the
authority of such officers As their lawful poverj
but we understand the word jurisdiction,' as here
used, to refer to the territory in which such power
or authority can be exercised. Since the jur iedic-
tion of the marshal is measured by that or the
sheriff in the prevention and against the laws of the
state, it ust be oxt@sIVSve with the limits of
the county. The purpose of the legislature to ex-
tend the juriediotion of the marahal beyond the limits
of the town, and aake it coextensive with that of the
sheriff in the matter of arrests, is further evi-
dencoed by the fact that a 'warrant of arrest' may
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5345, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262616/m1/2/: accessed November 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.