The Indianapolis journal., 1892-07-11
THE FEEBLE ENFORCEMENT OF Law.


The situation at Homestead illustrates
the inability under our present system
of the sheriff of county to enforce the
laws in a time of emergency. 1t is true,
the conditions in Allegheny county are
peculiar, owing to the largo aggregation
of workingmen there and the liability to
strikes, but the same conditions exist in
a greater or less degree in all large cities
and manufacturing towns. Wherever
there is a liability to riots growing out
OF labor strikes, or any other cause, the
power of the sheriff to enforce the law
and preserve the peace is liable to be
severely tested. 1t has happened in
many places and under varying circum-
stances.
Under our system, borrowed from the
common law, the sheriff is the chief ex-
ecutive and peace officer of the county.
Under the common law a sheriff had
authority while in the execution of his
duty to call to his aid the posse comitatus,
a Latin phrase signifying the power of
the county. The idea is embodied in
our statute by provision that the sher-
iff shall suppress all breaches of the
peace, ''having hereby given him
authority to call to his aid the power of
the county" Theoretically the sheriff
may call to his aid the entire popula-
tion of the county to assist him in exc
cutting writ. making an arrest, enforc-
ing the law, or preserving the peace.
Having the authority to call in the as
sistance of all. it follows that he could
require that of any individual, and this,
in fact, was the usual course. Under
ordinary circumstances, where but lit
tie assistance was necessary, the sheriff
would call to his aid two or three or
half dozen individuals, and that was
sufficient. That might work well
enough in primitive state of society,
or in rural communities now. but ex-
perience has demonstrated that it does
not work at all in the case Of
riots or combined movements of
large bodies of men. In such cases
the ordinary machinery of the law
seems to break down and the sheriff's
resents the majesty and power of the
law, becomes laughing stock. This
ought not to be so, but it is. Among a
truly law-abiding people the sheriff
alone, without a single aid, should be
able to execute any writ and enforce
any order. His ereappearance should
cause any mob to disperse. But with
all our talk and all our boasting we are
not q law-abiding people. We have
large law-abiding element, but we have
also large element which only obeys
the law when it is convenient to do so.
When such people combine in large
numbers to have their way sher-
iff is powerIess and the posse CON-
itatus amounts to nothing. The old
common law machinery for enforcing
the law breaks down at the critical
point. 1t fails just when it is most
needed. To what extent this may be
due to the indisposition of sheriffs to
make themselves unpopular by resorting
to stern measures or the unwlllingness
of the average citizen to respond to
summons which may put him in place
of danger, is needless to inquire. The
fact remains that the machinery of the
law generally breaks down just when
there is greatest need for it's vigorous
action. For ali practical intents and
purposes, in large cities and serious out
breaks, the sheriff's posse is failure.
After that comes the military power of
the State, but it is long step from one
to the other. and the margin affords too
much scope for the exercise of lawless-
ness. One of the greatest needs of the
times is greater respect for law and
greater promptness and severity in it's
enforcement. To this end the law itself.
needs strengthening, and It's ministers
need general reinforcement of back
bone.