"To rup,?ress riots, unlawful assefzblies and other dieturbanoes at elections, any magle- trata may appoint a suftlclent nun,ber of special Such ap;;olntments shall be made tb conrtabler.

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 *2 Eon. G. 0. Roane, April 18, 1939, Page 2 I r

mado, and the length or time it Is to continue. Before the same IS delivered to suoh speoial I oonstable, he shal) take an oath berors the to suppress, by lawful means, all

maglstnte 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 4% L oyd Arms ong m -9 Assistant LA:LX .

APPROVED:

ATTORNEY GENZRAL CiF