Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1877-11-16
JUDGE BoWIEs CHARGE TO THE
GRAND JURY.

county since the last jury term.
We are not, however, TO exult at this exemp-
ton, but rather to be admonished, to use all
the means the law has provided to prevent the
occasion of crime.
The division of the territory of the State
into counties and subordinate districts, and
the appoin tment Of officers in regular grada-
ton tor the enforcement Of The laws in their
respective bounds is the most admirable sys-
TEN ever contriyed for the preservation of the
order and public peace Of the community.
It's primary object was to make every man
answerable for his own conduct and that OF
his neighbors.
This principle pervades all our present in
situations and official appointments, aud is
still recognized by statute regulations.
Your organization, as the Grand Inquest OF
Montgomery county, expressly binds you to
protect all its citizens and prosecute all Of
fences committed against the peace, govern
ment and dignity Of the State.
The chief executive officer of the county, the
Sheriff, is invested with civil power to pre-
serve the peace, and extraordinary authority
TO command the 'posse comitatus' for the pur-
pose of overcoming all resistance.
The Constable, whose title indicates his
military origin, and whose Office is one OF
great dignity and Importance, was required by
the common law 'fo keep odtch By day dadWdrd
by nighP in their several jurisdictions, and
were empowered to appoint deputies, who, for
the time being, had the authority of their
principals
These officers are by Uirtue Of their office
conservators of the peace.
justices OF the Peace, besides their special
powers as Magistrates, are also conservators
OF the peace ''ex-officio."
1.-THE common law (says Blackstone) hath
ever had a special care and regard for the con-
serva,ion OF the peace for peace is the very
end and foundation of civil society And
therefore, before the present constitution Of
justices was invented, there were peculiar Of
Ulcers appointed BY the common law for the
maintenance Of the public peace, Of these some
had and still have this power annexed to other
offices which they bold others had it merely
by itself, and were thence called ''custodes or
Conservatives pacis."
Judges of Election and Registers in the
exercise of their duty are expressly author
lied and empowered 10 keep the peace.
From these and many other instances that
might be cited, it is apparent that the preser-
walton OF the public peace is the supreme object
OF the law. Yet from the commercial spirit
OF the age, or the general relaxation of au-
thority, those who are specially appointed TO
preserve j: have become the mere agents for the
of debts or the service of civil
process.
Their police or preventive power as con-
SENATORS of the peace is seldom exercised, they
confne themselves TO the issuance and execu-
ton OF writs and warrants after the offence is
Whether this arises from ignorance of the
extent of their powers, or fear Of personal or
political consequences 10 asserting them, the
result is full of evil to the community.
Assaults and batteries, ARRAYS, riots and
tumultuous assemblages are the outgrowth of
his remissness
The public disorder and moral depravity,
growing out of the relaxation of police au-
thoriiy, deplorsble as it is, is not the only
Injury inflicted on municipal communities by
such neglect.
They are ciyily responsible to the sufferer in
damages for the destruction if any of his
property. The 80 Art. OF the Code of p. q.
l.. declares
IF in any county, or Incorporated town or
city, any house shall be destroyed or any per-
sonal property therein shall be taken away,
injured Or destroyed by any rlotous or tumu-
tuous assemblages of people, the amount of
damage done, is recoverable by the sufferer,
by suit At law against the county, city or
town within whose jurisdiction such riot or
tumult occurred. -
This law recognizes the liability of the
county for the conduct of its officers and cit-
zens, and makes each the surety of the other
pecuniariy.
The vital principle of the public and pr-
vate morally is obedience TO the laws.
A peoplerwho make their own laws have no
excuse for iheir violation
Every brhach is an invasion of private right
or public dtty.
Officers Oh the State and county, Judges,
Magistrates, NClerks, Sherilfs, Commissioners,
Constables, etc, should be scrupulously observ-
ed TO discharge their several duties faithfully
and as public servants, set an example of So
briefly and deeorum, which will command the
respect due to the authority with which they
are invested
All who are Nwillfully derelict in duty or
behavior, are subject 10 your supervision and
prestntment.
The right of Suffrage. which is the founda.
ton OF our government is dependent now
upon the registration OF all persons entitled
to vote.
The thorough discharge Of the duties inn
posed on the registers is second in importance
TO none in the State
They virtually decide the political rights of
every resident of the county.
The question of domici settled by them, is
one OF the most difficult known to the law,
Inc utmost caution should be used, lest a
loose practice is established, by which a mere
nominal residence is substituted for an actual
and real one.
The transfer of voters from one election
district to another and the publication Of
accurate lists of deaths or removals, as well as
OF new voters, should be carefully observed.
In connection with MIS-, suitable systematic
arrangements should 10 made by the proper
authorities TO enable every voter 10 cast his
ballot without delay or disturbance in the
order OF time in which he presents himself at
The polls, II is your duty to inquire whether
these, as well as all other provisions of the
election laws have been esforced and if not,
to present all who have willfully violated
them.
The more universal the right of suffrage,
The greater the necessity of vigilance TO pre-
vent its abuse and peryerson,
Inc most dangerous means of assault upon
the ballot are bribery and debauchery.
Inc Code expressly prohibits these under
| severe penalties.
The Act of 1865, Oh. l9l, declares it shall
not be lawful for ''the keeper OF any hotel,
tavern, store, drinking establishment or any
other place where liquors are sold, or for any
person or persons, directly or indirectly to
SELL barter, or give or dispose OF any spiritu-
Gus or iermented liquors, ale or beer or intoxi-
eating drinks of any kind on the day of any
election hereafter TO be beld in the several
counties OF the State"
In a recent prosecution under this act il
was held by the Court of Appeals TO apply to
all persons who gave or permitted others Ia
drink in their rooms as guests on the day oil
any election.
In Art. 80, Sec. 20, of the Code II is de.
elared unlawful for "any one at any time be.
fore or on the day of election, to give OF
besiow, or directly or indirectly promise any
gut or reward 10 secure any PERSONS vote oil
| ballot at any such election or shall keen oil