Message of Gov. O. M. Roberts on appropriations and expenditures under the control of the governor to the seventeenth legislature of the state of of Texas, convened at the city of Austin, in regular session, January 11, 1881. Page: 18 of 23
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"It makes it the duty of every magistrate to preserve the peace within
-his jurisdiction by the use of all lawful means, and to issue process. and
cause the arrest of all offenders. (Art. 43.)
"' It is the duty of these magistrates to interfere to prevent the commission
of offenses, to suppress riots and unlawful assemblies, and to
arrest parties,:with or without warrant. (Art. 112.)
'"And when a felony or breach of the peace is committed in the
presence or within. the. view (f a magistrate, he may verbally order:.a
:peace officer to arrest the offender. In such case no warrant of course is
:;neessary. (Art. 227.)
":Warrants issued by. all magistrates, except justices of the peace,
county commissioners, and mayors and recorders, can be executed any:where.
within this State. If issued by the above mentioned officers, they
'must be indorsed before executed out of the county irf which they were
'issued. (Art. 238.)
"Our statutes make all sheriffs, deputy sheriffs, constables, and marshals
and police officers of incorporated cities and towns, peace officers.
"The act of March 10, 1874, (General Laws, p. 89,) confers on the officers
of the Frontier Battalion the powers of peace officers, and requires
them to execute criminal process. The act of April 22, 1879, also con'fers
on certain military officers and privates the same powers. These acts
were not affected by the adoption of the code, it being expressly provided
'therein that all laws providing for the defense of the inhabitants
of the State on its Indian or Mexican border, and all acts giving
the exclusive authority to suppress lawlessness and crime in certain localities,
should be excepted from the operation of the Revised Statutes.
And the Court of Appeals has held that,the provisions of the Final'Titte
rof the Revised Statutes apply as well to the Penal Code and Code of
"Criminal Procedure as to the body of the Civil Statutes. (R. S., Final
Tital, section 18.)
" It is the duty of all peace officers to preserve the peace within their
jurisdiction, and to effect this they may use all lawful means. They are
required to give notice to some magistrate of all offenses committed
within their jurisdiction, where they have good reason to believe there
has been a violation of the penal law; and to arrest offenders without
warrant in every case. ihere authorized by law, and to take them' before
the proper magistrate or court. (C. C. P., Art. 45.)
" When a peace officer is resisted, he is authorized to summon a sufficient
number of citizens-of-his county to assist him; and if a citizen so
summoned-shall refuse, he is liable to a fine not exceeding one hundred
dollars. (C. C. P.iArt. 46; P. C.,Art..229.)
"In,addition to this, the sheriff, when.it is necessary to aid.him in
overcoming resistance, has the authority to call out any military company
,within his county, etc. (C. C. P., Art. 109.)
"Magistrates and peace officers are required to suppress' riots, etc., and
if necessary to do so, they.are authorized to arrest offenders without warrwat.
,(C. C. P., Art. 112.)
".A peace officer or any other person may arrest an offender without a
warrant ,when the offense is committed in his presence or within his view,
IifLthe offense thus,commtted is classed as a felony or an offense against
the public peace. (C. C. P., Art 226.)
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Roberts, Oran M. Message of Gov. O. M. Roberts on appropriations and expenditures under the control of the governor to the seventeenth legislature of the state of of Texas, convened at the city of Austin, in regular session, January 11, 1881., book, January 11, 1881; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5832/m1/18/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .