The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-09-22

DISTRICT CoURT.-lhe September Term
Of the District Court of Lee County adjourned
yesterday. The time and attention OF the
Court was consumed in the crimiIs docket.
In the morning, John Peters and Jas. Lemon
were tried for an assault on negro in front
of the Colored Methodist Church, corner OF
Ninth and Main street, last Sunday evening,
aud found guilty.
Armitage aad Stokes, who assaulted Feely,
in April, we're each fined $50 and costs.
In the afternoon the Court took up the
gambling and liquor dealer cases. The Court
faed those who were found guilty OF permit
ting gambling $50 each Those found guilty
Of selling Intoxicating liquors We're fined
from SO to 800, according TO the #ggrava
ton Of the oIFeuses Before passing sentence
in the above cases, the Judge defined his po-
siton, as follows:
desire to preface the judgments | am to
pronounce in these cases by word pr two
Ii is no pleasant task to me to be the in
strument OF imposing fines and penalties up
on my fellow men, not even when am called
upon to impose them upon those who come
into Court, and say they are guiltyuf violat
ing the laws of their country. Bat 1t is a
task which the law imposes upon me as duly
and the oath have taken would not allow me
10 shrink from lis performance IL would.
The sovereign power OF the State tnacts its
laws, designed for the welfare Of sotiety. for
the security and protection of each and oil its
members, and courts are established and
ministerial officers appointed charged with
the duty of seeing that the laws are dniy OBJ
served.
The policy CT The law is one thing; lis OBJ
servance aud enforcement, when male. quite
another. About It's policy or expediency
good men may differ, but none can differ as to
the propriety of its observance and ienforce>
ment, whatever they may think of it's policy
1t will be borne in mind that judicial and
ministerial otieers-judges, district attorneys,
sheriRs, magistrates, and other police Off
cers-hase nothing to do with the policy OF
the laws which the sovereign powell of the
State enacts. Their plain duty is to see tina,
they ere observed and enforced, and no rea-
sonabie man can or will blame them for per-
forming this daty properly.
Grand juries are sworn to enquire into oil
indictable ofienses committed within their
jurisdiction and report them to the Court by
Indictment.
The law makes it the sworn duty of the
District Attorney to assist the grand jury in
the performance OF its duty, and to prosecute
the indictments when found.
On the presentation of the indictments to
the Court, bench warrants are issued and
placed in the hands Of the Sheriff, whose
sworn duty it is to arrest the parties charged,
and bring them before the Courts,
where they are tried and convicted Or acout,
ted. If convicted upon trial, or If they plead
guilty, it is the duty of the Judge to pass SEN
tence. and TO say what the punishment shal
be, within the limits of the law.
| Now, what is required Of these oaFcers a
the law. or expected Of them, but 4 f.;thfn
performance Of their respective duties? The
question is susceptible of but one ansver-
| they must perform their duties faithfully. each
and all Of item, or incur the guilt Of Der.
jury.
Among these duties, it appears to me
there IS none more unpleasant than The duty
imposed upon the judge of passing sentence
Now, Whist does the law making mower OK.
pect the sentences in given class OF case. te
per Inc answer to this question il plain tc
every reasonable man: 1t must not De such !,
will tend to encourage violations of the Law
but It must be such as will tend to secure Il,
| observance.
The law-making power Of this State II
placed upon the statute books certain lsws
des gned for the suppression Of intepperancs
ana its consequent evils. Among these lawl
srs pfov'sieas declaring in effect tie rssAil
tssse u intoxicating iqsor tor drinking ysr.