San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1878-10-05
Local Option-Reply 10 M. Y. ~

EDITOR FREE PREss:-ln your is.
sue of last week, q correspondent de-
sires to know why the "Prohibitiou"
law is not enforced 10 this county.
He writes in the dark, but VIC are
told he is . Rev. gentleman Of this
place. But he or any other citizen
has the right to ask any question con-
corning matters Of public interest.
Why is it that so many cattle and horse
thieves, and occasionally murderer,
escape conviction and punishment?
TIE old maxim applies-"there's too
often slip between the lip and the
cup" But it may be said. as regards
the subject under consideration, that
the cup and the lip and the slip all
harmonixe, unite and conspire to evade
criminal responsibility. Grantit. We
then look to the law. A physician
writes prescription at Hbitum.
What sort of an indictment can be
found against him? Certainly under
the law he cannot be Indicted at all.
He holds the key to the whisky barrel,
and the law has made it so. Then
why iudict a man for doing thing
when the law expressly gives him the
power to do it? There are a great
many wrongs not made penal offeuses.
For instance, a minister in the pulpit
may become very bolsterous, loud and
vociferous, that being the result of re
ligious ebullition, yet, owing to the
good he is attempting to do-based
upon grounds of public policy-he is
not indictable. Whether the doctors,
by their prescriptions, are attempting
to do goods not subject Of official in.
quiry without statutory authority
therefor. County officers and grand
juries cannot be expected to legislate.
Since the adoption of the "Prohibi-
ton" law by this county the grand ju-
ries have labored faithfully and ear
ncstly, and the aggregate result is three
indictments for a violation of that law.
One of these was found in March last;
and on the trial, jury of six men-
all property holders, subjected to a
strict legal test as to qualifications
returned verdict of not guilty. The
other two bills were found by the last
grand jury, and are now on file in the
office of the Justice of the Peace Of
this precinct. yet to be tried. What
may be the result of these cases will
depend upon the facts. Certainly. at
in all other cases, every legitimate ef-
fort will be made on the part of the
prosecution to secure convictions.
In regard to the increased amour,
of drunkenness, if the writer will ex.
anime the Mayors docket, be will fnc
that there has likewise been an in
creased number Of prosecutions and
convictions Tor that offense.
But why is the Prohibition" Law
not enforced? lst-because there il
no restraint A. to the prescription
power. 2nd-Becsuse, as in othe,
branches of the criminal law. it is toe
often the case that violations Of the
law are not reported to the officers By
those who know Of its infrsction
Then as to the first: the holder Of q
prescription has the right to buy anG
the saloon keeper the right to sell TO
him. Then. if q physician believe.
that liquor is essentially healthy and
necessary for all persons, he will rOI
hesitate. perhaps, 10 writing q pre-
seription world without end" II be
90 believes and acts. hos can officer.
and grand juries control his conduct