Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-01-13
ENFORCEMENT OF Law.

The following article from the Lewiston
Journal discusses the proposition in the Gov
ernor's Message in relation to the enlarge
ment of the duties of Sheriffs, and making
them responsible to the Executive, in order
that our laws may be more faithfully enforced:
For some years, it has been painfully evil
dent that since Sheriffs ceased to be State
officers, subject to the orders of the Govern
or, there is a fatal defect in a system which
requires the Governor to take an oath to see
that the laws are faithfully executed, while
there is not a single civil officer subject to
his control, whom he has the legal right to
employ to meet the obligations imposed upon
him, or whose duty it is to enforce the laws
when local officers neglect or refuse to do SO.
This defect in our system of enforcing
laws, is conspicuously evident in the impsr-
tant work of inquiring into violations of law
and detecting and prosecuting offenders.
This is not so apparent in the execution Of
laws against violators whore the persons d.
recty injured are ready to bring the offend.
ers to justice, as for example in cases of MUIR
der, robbery, theft, &C., yet even here this
dangerous weakness is often felt when such
crime is committed and it becomes necessary
that time and means should be employed in
ferreting out the offender and bringing him
to justice. Does government properly per-
form its functions as protector of the lives
and property of its citizens, when it provides
no direct means at its own expense for inquir-
ing into violations of law, or ferreting out
offenders and instituting proceedings against
them?
The defect is most glaringly conspicuous,
however, when we come to the execution of
laws where the parties directly injured, from
a false pride decline to institute legal proceed
inps against those who have 80 cruelty wrong
ed them, as in the case oflaws against dram
sellers, gamblers, and keepers of houses of
ill-fame. We think that experience has de-
monstrated that right here is the defect in our
system, through which such offenders escape.
Not that most officers under the present laws
will not serve a warrant against such offend
ers, but that, with the exception of police
officers, they do not look upon it as part of
their business to inquire into violations and
commence prosecutions. So for want of this
legal requirement and from the natural disin-
clination of private citizens to perform this
work, we find that such laws are not enforced
even up to the standard of public opinion.
Yet the State has even more interest in the
execution of her laws against these panderers
to vice than the parties directly injured have.
Nothing can be more injurious in its effect on
respect to law, than to allow persons who
nave oeen uirecuy NJuteu W Sonuo"o "A'ii
offenders against social order, or to permit
municipalities here and there to judge for
themselves whether they will have 4 law ex-
ecuted In either case violation Of law wink
ed at, not only directly affects other persons
and communities, but also serves to weaken
the foundations of all government.
How shall those defects be removed, so
that some civil officers, subject in the last
event to the Governor, may be charged with
the important duty of inquiring into VIOLA
tions Of law, and faithfully and impartially
instituting proceedings against offenders in
case local officers neglect or refuse to dol
The Governor suggests that this can be done
by making sheriffs practically State Police,
and imposing upon them these duties by law.
1t is well suggested that by using these off,
GERS for such purpose, we avoid the formi-
dable objection which has always been raised