The record-union., 1891-03-25
ENFORCE THE LAW OR REPEAL TT.


ENFORCE THE LAW OR REPEAL TT.
There was, and properly SO, about a
year ago general demand that obstruc-
tions upon streets and walkways be re-
moved. The Street Commissioner was
urged to exercise his authority and re-
move all things upon the sidewalks not
by law justified in remaining there. 1t
was said, it will be remembered, that dis
elimination had been practiced for years,
and that while the law had been enforced
against some it had been dead letter as
to others. The universal desire was that
the law should be enforced, regardless of
persons or cases. The Board of City
Trustees recognized the justice of the ap-
peal of the people and expressed to Street
Commissioner Mclaughlin its determin-
alton to stand by him. He thereupon
entered upon a systematic enforcement of
the ordinance, regarding no obstruction
as excusable, and warning all offenders
that his duty was to enforce the law as he
found it, and that he proposed to do so. He,
however, wisely gave notice to all of his
intention and afforded everybody oppor-
tunity and ample time to remove obstruc-
tions under their control or ownership.
In spite of this notice certain citizens
defied the law and the officer, and as a re-
suit large number came to grief In
one particular case, that of Mr.. Nathan,
J-street clothier, specific warning was
given that the construction of certain
windows, so as to project over OF tres
pass upon the public way, would be
deemed in violation of the ordinance.
Despite this notice the proprietor went
forward and placed the permanent OBJ
struction in position. Thereupon the
Street Commissioner, under the proper
exercise of his authority, proceeded to
tear away the obstruction, but thereafter
was again defed, and an action was
commenced against the offender for en-
croaching upon the sidewalk, which is
public and not private territory
This action is still pending. The Trus-
tees are now asked to have the suit dis
missed. In support of this request the
board is told that the obstruction is no
worse than dozen others that have had
no notice by the Commissioner, and that
it is bad policy to bring actions in the
name of the city against taxpayers. Both
of these pleas are specious and without
reason. For if there are other INSTRUCTORS
who have not been interfered with as
yet, it is no sort of excuse for an offender
who deliberately defied the Commits
sioner and placed the obstruction, and re-
fused or neglected to remove it after due
notification to do so. 1t may turn out
that the very reason why others are not
as yet proceeded against is because of the
resistance made by Mr.. Nathan. But
whatever the reason he cannot plead it as
excusative of his own wrong. 1t is,
therefore, an untrue plea and it is not, in
addition, officially before the board that
it is true in fact that there are others who
have not been proceeded against. All
the Trustees have to do with are the cases
brought before them.
Again, the declaration that it is bad
policy to bring action against taxpayers
is, to put it mildly. novel. When such
doctrine was born, or of what municipal
wisdom and experience, we are unin-
formed. AS matter Of fact, it is the
policy of wisely governed cities to sue
those who are guilty of such infractions
of the law, whether taxpayers or paupers.
1t is not only not bad policy, but it is
good policy. Why taxpayers should not
be sued who violate city ordinances, as
well as the poor man who pays on
no real estate, viii puzzle the bright
est of lawyers to explain. Are tax
payers to be smoothed the right way
of the fur whether offenders or not?
Are the laws to be administered in
the interest of classes? Is not the right of
the non-taxpayer to the free use of the
sidewalks, which belong to the city, as
broad, long and strong as that of the rich
man, the property-owner and the tax
payer by direct process, since in fact all
men pay taxes indirectly? How shall we
expect our officials to enforce the laws if
the governing body dismisses actions
they bring against offenders?
1t is the duty of the Trustees to stand
by Trustee Mclaughlin and hold up his
hands in all these proceedings. When.
in the performance of his duty, he brings
an action, in the name of common cour-
age, gentlemen, give him your support
and all the encouragement you can COM
mand. His task is hard enough at best;