Smyrna times., 1878-11-06

NOLLE PROSEQUL.-These are two Latin words. made |
familiar by their frequency in legal lore and in
some places where they dispense justice mean good
deal more than they do in other places. In high
courts their is quite nfrequent. In fact, be-
lieve is the court of Quarter Sessions and Peace and
Jail Delivery that has the most occasion for its
Brought down to plain English these words denote
that plaintiff or attorney for the public withdraws
suit 1t has been in long USE and is capable of great
abuse In its intent it is good but in the use of at
torneys not acuated by the highest and most noble
purposes standing as prosecutor of wrongs against
the State (and therefore against society and yet
shielding the criminal by the use of prerogative;
man has it i'll his power to defeat justice and put
crime at a premium. We speak of possibilities not
of actual occurrences but all know the possibility
of possibilities.
privilege in the dispensing of law granted to
the prosecutor for the State but intended to be used
in a very discretionary manner and always in the
interest Of justice While every custodian of the State
and her reputation should be like Caesars wife
"aboye SUSPICION vet we fear that their skirts have
not always been as pure hers. Our mind recurs
more to the politics of the past Under corrupt or
perverse administration of the laws the officer of the
State by cOlluSion with criminals could use this
privilege to the benefit of partisan purposes even to
the subversion of justice. Our mind goes back to a
time when, il what charged was true but for the
accidental discovery two days before the election OF
cousion in which the nOHe proSequi to enter, the
entire politics of the State would have been changed
by the election of the candidates of the opposite
party though in the minority in the popular vote 1t
is hard for some men to act from a high and noble
purpose especially if they be politicians They may
be toned up on other questions while utterly def
cient on this And for this reason the officer who
prosecutes the offences against the State should be OF
the best moral and legal abilities If not the privi-
lege of the noUe pros political machine may be
nut to the basest uses How much it has been used or
abused in this way we know not so much as the
members of the bar. but the Office of Attorney Gen
eral in party sense has always been esteemed one OF
the prizes.
In no one thing has the lole pros. played so con
spicuous part as in cases where the sale or use OF
liquor was concerned. In fact it has seemed to enjoy
a monopoly in this field. And it has been as fal
back as the average memory extends.
True these cases have unusual perplexites growing
out of the characters usually engaged in them-beinl
frequently of the most unreliable especially wit
nesses that come before the court and occasionally
Oe pros is necessary to the State unnecessary
expense But the conviction has been general TO
many years that after case have been abandoned
from an intentional and wilful neglect of duty. AnC
with this prospect in view many men have been EN-
boldened to defy law. They know the road to lha
subterranean passage of escape. When that man as
serted that he would never be convicted thoug
nearly a dozen witnesses to prove his violation @
law, one half of whom. had he been indicted 70
murder or arson instead of the illegal sale of whsk
would have been considered sufficient testimony
hang him; he knew he had ground to presume
The question comes up where is the limit to thi
stretch of privilege When a man stands indicte
for repeated violations of law running through
series of years and finally he is fined in or tw
cases scarcely amounting to the cost of reguls
license and nolc prOSequi entered in all the Otht
cases what fear or dread has that man of the law
its officers He is not out of pocket he has receive
no punishment he is virtually without law. If sue
be d righteous execution of the laws, then .certainl
law was not made for the lawless.