Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-04-30
JUDGE DEANS CHARGE TO THE Con.


Last Monday the constables elected at
the spring election presented their election
returns to the Court sitting in Holidays
burg, aud were sworn in Judge Dean
addressed the "new" constables. The
marked feature of the address is The in
struction it contained to the constables as
to their duty in the enforcement of the
local option law. The portion of the
address relative to this point was pub
iished in the Altoona daily Tribune of
the goth inst, from which we here re-
publish it:
Any one. any private person can pros
ecute offenders, but the act of the 2Sth
OF March, 1872, imposes as legal duty
upon constables that which is only a
moral duty on the part of private ci;i
zen. This legal duty is one, which, uu-
der your oaths to perform the duties of
your Office with fidelity, you cannot with
out perjury avoid
How ought this duty to be performed !?
Many constables have supposed that they
must with their own eyes actually see
the liquor sold before they can return the
parties. This is by no means the case
While unfounded prosecutions should be
avoided, yet wherever you have such
knowledge as induces you to believe that
a party has violated or is violating the
law, then you have such knowledge as
justifies you in the prosecution or return
ing of the party. A man going into a
place sober and coming out drunk, doing
this not once but frequently. warrants
the inference that liquor is there sold.
and SO in many other ways the knowl-
edge comes to you, which induces you as
reasonable men to believe that the law
has been violated. This is knowledge,
even though you may not have seen the
liquor sold, and it would justify you in
proceeding against the party.
Then there is method pointed out by
the act of Assembly, which provides
that the constablcs of the respective
wards and townships shall make return
of retailers of liquor as now provided by
law, and in addition thereto it shall be
the duty of every such constable at each
term of the Court of Quartor Sessions of
the respective counties to make return on
oath or affirmation whether within his
knowledge there is any place within his
bailiwick kept and maintained in viola
ton of this act /; and it shall be the es-
pecial duty of the, Judges of all such
Courts to see that this re urn is faithfully
made, and if any person shall make
known in writing. with his or her name
subscribed thereto, to such constable, the
name Or names Of any one who shall
have violated this act with the names Of
witnesses who can prove the fact, it shall
be his duty to make return thereof on
oath or affirmation to the Court and
upon his wiIlful failure to 10 SO he shall
be guilty of misdemeanor, and upon in
dictnent and conviction shall pay fine
of $50, and be subject to imprisonment
at the discretion OF the Court of not less
ihan ten days nor more than thirty days"
This is the method pointed out by the
act Of Assembly, it is only y one method,
however. of prosecuting iolation of the
law. 1t is made your duty to make the
return. and it is made our duty as Judges
If the Court to see that these returns are
in all cases faithfully made. We shall
endeavor. so far as within us lies, to see
that the law is enforced, and at the came
time, We shall, so far as it is in our pow
er, encourage and protect you in the hon
est discharge of our duty. We shall
take care that even if the prosecution
ia Is, when it has been instituted with
honest motives, you shall not have the
cost imposed upon you. Then in the
faithful and fearless discharge of your
dutiel, you have to prompt and en-
courage you the decided and unmistaka
BE sentiment Of the people of the coun
ty, and, above all, you will have the ap
proval of your consciences and the
knowledge that you have honestly per
formed your sworn duty while on the
other hand, if, through fear, or timidity.
which shrinks from the performance of
an unpleasant uuby, OF IaFor Oh WHICH
results from either collusiun with or friend
ship for the law breaker, you neglect %
carry ont the law, you will commit per-
jury, bring upon yourselves the condem
nation of all law abiding citizens, and
render yourselves liable to the penalty of
Gne or Imprisonment for the violation of
official duty.
LILLE Sacrament of the Lords Snnper