OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
April 18, 1939
.‘I
Eonorable 0. 0. Roane
County Attorney
Port Bend County
RiOhmond, Texan
Dear Sir:
"To rup,?ressriots, unlawful assefzblies
and other dieturbanoes at elections, any magle-
trata may appoint a suftlclent nun,ber of special
conrtabler. Such ap;;olntmentsshall be made tb
oaoh spoolal oonetablo, shall be in writing, dat-
ed and signed by the magistrate, and ahall re-
oits the purpoaee ior which ssoh appointment i8
I Eon. G. 0. Roane, April 18, 1939, Page 2
r
mado, and the length or time it Is to continue.
I Before the same IS delivered to suoh speoial
oonstable, he shal) take an oath berors the
maglstnte to suppress, by lawful means, all
riots, unlawful aesemblles and breaches or the
peace of whloh he msy receive Information, and
to aot Impartially between all parties and per-
sons Interested In the result of the eleotion.a
It will be noted that such special appointment
"shall be in writing, dated and signed by the magistrate,
and shall reoite the purposes for which suah appointment
is made, and the length of time It Is to contlnue.a It.
is olear, thererore, that such an appointment as author-
ized by Artlole 102, 6upra, limits such an appointment
to the purposes therein enumerated. There are no other
statutes clothing a juetloe of the peaoe with authority
to appoint dsputy or speolal constables.
It Is, therefore, the opinion OS this Depart-
ment and you are so adrlsed, that a justloe OS the peace
&as no authority to appoint a deputy or speolal oonstabl6
Sor any other purpose than for the euppreseion of riots,
unlawful asseeblles or other dlstuabanoe6 at eleotions,
and that such an appointment must be made strlotly in
aosordanoe with Artlole 102, Code of Criminal Procedure
Or Tegas, 1925.
Trusting that this 6atl6faCtOrll~ answers your
inquiry, we ars
Very truly your6
ATTORNEY GENERAL OF TEXAS
m 4%
L oyd Arms ong
-9 Assistant
LA:LX
.
APPROVED:
ATTORNEY GENZRAL CiF