Chapter XLVII: Appendix: B

PART OF TWO YEARS' REPORT OF ADJUTANT-GENERAL THOS. SCURRY

December 1st, 1898--October 31st, 1900

THE RANGER SERVICE

The fact that the State has had for some years past a force always ready to suppress disorder, arrest criminals and aid the civil authorities in the protection of courts and jails, has been the cause of hundreds of criminals taking refuge in the border States, outside of the jurisdiction of Texas, and in Mexico, who would return to Texas to continue their depredations and murders were it not for the ranger force. Instances can be shown where the moral effect of having the rangers ready to co-operate with the civil authorities anywhere in the State has been a deterrent to the commission of lawless acts, and numerous instances can be shown where whole counties have been purged of their criminal element by the presence of the rangers, who alone were able to restore peace and good order in the community.

In reality, the so-called Frontier Battalion is but four small detachments. The reports received at this office indicate that these men, while fearless and prompt in the performance of their duty, have always acted with discretion and in the most orderly manner. Their well-known reputation for courage of itself has had a most salutary and good moral effect on the lawless element of the communities where they have been stationed.

Since January 1, 1899, the officers and men of the Frontier Battalion have been very actively engaged in running down the criminal element in the west, and in subduing lawlessness in other portions of the State. The rangers have only been used in other portions of the State when a direct request on your Excellency was made by the civil authorities of cities or counties needing them. That their work has been effective and to the satisfaction of those requesting their service, it is only necessary to refer to letters on file in this office in reference to their efficiency received from citizens and officials of the various cities and towns to which rangers have been ordered. It is probably appropriate to mention some prominent features of the work of the rangers during the past two years, outside of the duties usually performed by them in the way of scouting in the sparsely settled district of the west, and the work accomplished in recovering stolen cattle, arresting thieves, murderers, etc.

During the month of March, 1899, Captain McDonald, with two men, was ordered to Columbus, Colorado county, for the purpose of preventing trouble there between the Townsend and Reece factions. Captain McDonald went alone, his men not being able to reach him in time, and his courage and cool behavior prevented a conflict between the two factions. The district judge and district attorney both informed him that it was impossible to handle the situation, but he told them that he could make the effort, and he gave the members of each faction a limited time in which to get rid of their weapons, stating that he would put those in jail who refused to comply. His order had the desired effect.

Captain McDonald was ordered by your Excellency to Henderson county to work on the cases against the lynchers of the Humphreys. In reference to this affair, I take the liberty of quoting from a letter from Hon. N.B. Morris, ex-Assistant Attorney-General:

"You will remember that at the request of the sheriff, county attorney and other local authorities of that county, Captain McDonald and Private Old were sent there to assist them and myself in the investigation of that horrible murder which was then enshrouded in a mystery that it seemed almost impossible to uncover. Before the rangers reached us the people in the neighborhood of the murder seemed afraid to talk. They said they would be murdered, too, if they took any hand in working up the case. About the first thing that Captain McDonald did was to assure the people that he and his associates had come there to stay until every murderer was arrested and convicted, and that he would see that all those who assisted him would be protected. They believed him, and in consequence thereof they soon began to talk and feel that the law would be vindicated, and I am glad to say that it was. The work of the rangers in this one case is worth more to the State, in my opinion, than your department will cost during your administration. In fact, such service cannot be valued in dollars and cents....

"The rangers were at all times sober, orderly and quiet, and left that country on good terms with all factions. They paid no attention to the criticism of the mob sympathizers, but went straight along, did their duty and now have the confidence not only of the good citizens, but of the members of the mob and their friends."

Three of the lynchers turned State's evidence and eight of them were sentenced to the penitentiary for life.

In March, 1899, Company E, Captain J.H. Rogers commanding, was ordered to Laredo to assist the State health officer to enforce the quarantine laws, there being an epidemic of smallpox in that city. The Mexicans living there objected to being moved from their homes to the hospital, and the State health officer, considering it absolutely necessary for them to be moved in order to stop the spread of the disease, required force to accomplish his object. The Mexicans showed a disposition to riot on the 19th, collecting together in hundreds, some of them being armed. The city officials had a fight with them, several shots being fired, and on the 20th, Captain Rogers, followed by one ranger and a special ranger, went with the sheriff of the county to search for arms secreted in the house of an ex-policeman, it is supposed, for the purpose of making an assault upon the State health officer and his force if approached. These officers met resistance from the inmates of the house. A fight ensued in which Captain Rogers received a wound in the right arm, and one of the Mexicans was killed. The remaining detachment of Company E, having been advised of the fight, and having met Captain Rogers in a disabled condition, and presuming that the lives of the ranger and special ranger were in jeopardy, went to the scene of action without hesitation, and immediately upon reaching the street in which the Mexicans were assembled were fired upon by the latter. The six rangers proceeded up the street firing as they went, being under the impression that a man seen lying in the street, dead, was one of the rangers who accompanied Captain Rogers. Several disinterested citizens have said that these rangers showed remarkable pluck and daring in coming down the street, fighting several times their number without the slightest hesitation. Several Mexicans were wounded. After this the work of moving the smallpox patients to the hospital was an easy task.

In April, 1899, two rangers of this company were sent into Wharton County by request, and were successful in breaking up a gang of cattle thieves operating in that locality. Several were arrested, including the recognized leader.

In September, 1899, Captain Rogers and several of his men were ordered to Orange by request of the civil authorities, on account of an organized mob killing one negro and wounding another, and sending anonymous letters to others directing them to move out of the country. Several arrests were made. Captain Rogers was removed from Orange on account of his wound, and Captain McDonald and several of his men were ordered there to relieve him. Captain McDonald succeeded in arresting and having indicted four men for murder and a great number of men for conspiracy to murder in connection with the above mob. It is to be regretted that Ranger T.L. Fuller, while in the discharge of his duty at Orange, Texas, found it necessary to shoot and kill Oscar Poole in self-defense.

On the 15th day of October, 1900, while Captain W.J. McDonald, Lieutenant T.L. Fuller and Private A.L. Saxon, of Company B, were attending court at Orange, Texas, as witnesses, and Lieutenant Fuller to answer the charge of false imprisonment (for making an arrest while a private),[25] the latter was shot and killed by Tom Poole, a brother of Oscar Poole, while in a barber shop talking to one of the barbers. From the information received it is certain that Lieutenant Fuller did not know of the presence of Tom Poole when shot. While this ranger was enlisted on account of his previous good record as a deputy sheriff, he enlisted with the hope of saving sufficient money to finish his education in the University of Texas, having at that time just completed his freshman year. He was a young man of temperate habits, quiet in his manner and a fearless ranger.

RECOMMENDATION

I recommend that the law governing the ranger service be so amended "that the officers, non-commissioned officers and privates of the ranger force be clothed with the powers of peace officers to aid the civil authorities in the execution of the laws anywhere in the State; that they be given authority to make arrests, and in such cases to be governed by the laws regulating and defining the powers and the duties of sheriffs when in discharge of similar duties." That this force consist of not to exceed four companies of twenty men each. The commissioned officers to be four company commanders, each with the rank of captain, one quartermaster with the rank of captain, and four 1st sergeants. The pay of the officers and non-commissioned officers to be as heretofore prescribed, and the pay of privates to be $40.00 per month. By increasing the pay of the privates, the State will secure the service of a better class of men, who will remain in the service a longer time and do more efficient work.

In view of the fact that a number of criminal suits have been brought against privates in the ranger force for false imprisonment by reason of arrests made by them prior to the promulgation of the attorney-general's opinion advising that only the officers of the ranger force had authority to execute criminal process under the law (see General Orders No. 24, Exhibit P), I respectfully recommend that an act be passed by the Legislature legalizing the official acts of the rangers as peace officers prior to May 26, 1900.

Officers and privates have for twenty-four years been acting in good faith under the impression that all rangers had the authority of peace officers, and privates of the Frontier Battalion have, during that time, received orders from higher authority to exercise the power of peace officers.

FOOTNOTES:

[Footnote 25: This tragedy resulted in the following recommendation by the Adjutant-General, which recommendation was duly acted upon.]