The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-02-27

would be paralyzed If the oonstitu.
ton was silent on this point the
governor might we'll say, "iu my
judgment there is no necessity for
holding courts in certain county or
district, aud therefore l do not feel
inclined to appoint a ju 1ge for that
district In case a vacancy occur"
need not say to you that this negli-
gence or dreliction upon the part Of
the governor would be equivalent to
the destruction OF law and social order
In any community in which a vacancy
might occur and it pleased the execu-
two not 70 Gil it. And so the consti.
tuition steps in aud when it commands
him to see that the lawsare faithfully
executed, it means that he shall see to
it that in case Of n vacancy in any
office in the state to be filled by his
appointment ard the incumbent of
which office is charged with the exc.
cutiou OF the laws, the governor shall
see to 1t that there be no hiatus in
such administration. Any other
construction would be necessarily
destructive of the whole democratic
theory of government. And yet we
find great outcry raised by the
partisans of the administration that
the governor will see to it that crime
is punished, murder abolished and the
six shooter paralyzed. How impotent
is such fancy. The governor could
not even arrest man on the streets if
he found him with six shooter. The
governor has no more power to try and
punish murder than private citizen.
The humblest county attorney in your
state is Independent of his authority
and can defy his order How senseless
then is the sentiment which is
attempted to be studlously inculcated
that this governor or that governor is
entitled to any special or perculiar
credit for xtcuting the laws These
laws belong to the people the machin
cry of the courts Is theirs, and they
administer the laws in these courts
without the slightest dictation from
your executive. If the people of any
one locality, gre virtuous and intelli-
gent, your laws are executed in that
community. If there is failure Of
justice in any one 10.
cality, the fault lies with the
people unless they have been terror
lied by lawless bands or armed mobs,
in which event it is the duty Of the
governor to interfere by the strong
arm of the state Under any other
circumstances an int reference by the
governor in the local administration
of Justice is frequently resented, and
we need 90 no further back than only
few days since when trial took
place right under the shadow of the
capital, which resulted in the aoquittal
of the defendant when public expec-
tatiou believed the result would be
different. have no comment to make
as to the guilt or innocence of the
defendant so acquitted. | assume he
was innocent, for he is entitled to
that presumption from the
verdict of the jury which
tried him. But the point
| desire 10 illustrate is that this
case had been worked under the su-
pervision of the executive himself and
that no effort was withheld by the
great and overshadowing power of
The state to secure conviction. And
yet the state was disappointed, and
the prisoner went free. Possibly
under any state Of circumstances the
result might have been the same; but
the peculiar circumstances attending
this prosecution are calculated to ad.
monish the thoughtful citizen to pause
and reflect whether or not an undue
interference by the executive in the
local administration of Justice ia not
frequently liable to be misconstfued
by the people and resented by them
as fragrant in yasion of their rights.
The criminal laws of this state have
been administered with more severity
and more exactness for the past fif'
teen years thar perhaps is true of any
other state, indeed during the fearful
outcry of the press as to the execu-
ton of the laws in 1875 when | held
a position in your state government
which enabled me to be conversant
with the criminal statistics of your
state, took the trouble to gather
those statistics from every coun-
| tv for the purpose of IN.