Daily Republican., 1883-08-28
TUESDAY, AUGUST -, 1888.
me LIQUOR BaiiiM.s Duty.


Elsewhere in to-day's paper will be
found the full text of the law appoint
ing Liquor Bailiff and prescribing his
duties. There is no mistaking its plain
language and it admits of no adverse
from the plain, practical
duties it was intended to enforce. We
Rre entering into no defence of the law,
though if properly enforced it could
not fail to do good. but we publish and
refer to it that its plain, practical pro-
visions might be fully known and the
blame for its non-enforcement might
rest where it properly belongs. "There
shall be attached to the Court Of Gen
eral Sessions of the Peace and Jail De-
livery of New Castle County, an add
tional bailitf," the law says. 1t was
wise in its starting off, for it puts tho
appointment of the bailiff in the hands
of the Court, as far removed from
partisan influences as possible. Not
oven the Levy Court was entrusted
with the, appointment of such an I'M
portant officer. He was to be creature
entirely of the Court, which was right
and proper, for it is the Court that
grants licenses and it is the Court that
has to deal with those who violate the
provisions of their license. The law
next prescribes the duties of that bail
if in these words: 6" For the special
duty of searching, and detecting, and
reporting to the Attorney-General all
violations in the city of Wilmington or
its suburbs of the law regulating the
sale Of intoxicating liquors, or of any
other criminal statute
There is certainly no way Of getting
over the provisions of this law after
this plain wording of it. In coming to
the conclusion that it was his duty to
prosecute only cases reported to him OF
violations of the law, the bailitf mus
have depended entirely upon some yer
bal Interpretation Of it by Others than
himself. He is too intelligent gentle
man tn read the law and then promul
gate the idea that he is doing his whole
duty when he announces where he can
be found AMI that he is ready to take
action upon any cases reported to him.
He certainly cannot fail to see that sit.
ting in his Office when he is not spend
ing his time talking politics and the
general news of the day, at popular
cigar store, is not searching" no
detecting" not reporting" violations
Of the liquor law to the Attorney Gen
eral.
But we would not be too severe upon
the bailitf aud his apparent neglect to
discharge his duties, for further rem
dltion Of the law throws part of thu
burthen of its enforcement and the re
spOnsibiity for its nforcemen
upon the superior officers of. the court
1t says that for the purpose Of securin!
a strict enforcement of the law, when
the court is not in session, he, (th,
bailitf) shall be under the orders of tn
Attorney General, to aid him in his Off
rlal duty of bringing offenders to jus
tice. Here indeed is creeping on
pace Tor the baiitf. He may say tina
he has had no orders from the Attorney
General, and that he cannot scarce, de
tect and report without his orders
Though this does not excuse do.noth
ing policy yet We can readily see how
tn. law is weakened by such require
ments.
The Attorney General absorbed il
law practice outside of his duties az
prosecuting attorney for the State, ma,
not see, nor even be cognizant Of tn
most fragrant violation of the law AM
AS consequence has no orders to Civ
the bailitf, and the baiItf in turn hav
ing no orders may feel justified in sit
ting down in his Office to await or
ders. In proceeding to do his duty til
baiiff is given almost absolute power
He can arrest without warrant an,
person committing a crime in his pres
-nce," but the difficulty seems to be t.
find somebody 20 arrest The law Xix
MI l,..r lat Hoo q,
Democratic officials, does not overlook
the Important thing Of "A liberal salary
when first passed it prov ided that tn,
bailih' should be paid II salary of one
thousand dollars a year 10 b. paid semi
annually. This law WIS passed Apri
18th, 1881. but the plum was so fat tina
there was a regular sCram BILE to get il
1t then occurred to the Legislature tina
the salary might be too high for all til
hailiff had to do, and three days after
wards April Ith, 1881, supplement t,
The law was passed providing that t h
bailiff "shall be paid as other baiItisC
said court, at the rate of three dollars
day, for every day actively spent in tn
discharge of his duty, and 80 much o
said act as provided for his compens
lion in any other manner is hereby re
jealed."
At the time this supplement wa
passed twas feared that the high thous
and dollar salary would he an induc'
ment for the lalitf merely to put i
mis- time as his salary Wis secure any
how, and the supplement was to max
Abe bailtf active in the discharge of III
duty, hence the provision 'thre do
lars for every day actively spent in tn
discharge of his duty" That is, lie va
~ be paid for no III )re time than he wa
actually engaged in searching and de-