St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-24
e. Aro,e Tx
ROSS CLARKE.

it must be apparent that it is largely
due to the failure of the executive
to enforce the laws. The lack of
appropriate laws is a very small
factor. AS a matter of fact, almost
every subject connected with the ad-
|. ministration of our government has
been legislated about, and there are
statutes covering almost every ques-
ton likely to arise. Those statutes,
if properly enforced, would bring
about the thing desired. 1t is not,
of course, to be understood that all
laws and ordinances are the per-
lection of wisdom, but for the most
part our laws are all right. Inc
trouble lies with their execution.
The failure of the executive to en-
force the laws results from several
causes, among which are the per-
sonal interests and inclinations OF
the executive, the influence and die
tation of party machine politicians,
the ambition of the executive to do
nothing that will render him unpop-
ular. There can be no manner OF
doubt that in many instances men
are chosen as candidates and elected
with the distinct understanding that
they will not favor the execution OF
certain laws. This is true to such
an extent in the nomination anu
election of one class of executive
officers, viz: mayors of cities, that
oil
scandal. .. aa.
In many cities, as is well known,
certain interests practically name
the executive, and it is an under
stood thing as to just what he VIII
/ do. or not do, in enforcing the laws
Such corrupt bargains are often
made without the knowledge OF the
voters, and not infrequently such
candidates are nominated ana eject
ed through Indifference and neglect
l7of the better elements of the COM
naunity. It is to be expected that
one chosen in such a manner VIII
disregard law and public opinion to
I serve his friends, hence comes gang
or ring rule.
An executive officer should be, and
remain, exactly what the eonstltu-
ton define him to be, viz: one whose
sole duty it is to see that the laws are
executed as enacted. There is
great opportunity for corrupt and
vicious government where the exec
utive arrogates to himself the r1ght
to use his discretion in enforcing the
laws. In the execution Of law there
are always, in more or less degree,
some matters about which the
executive officer may wisely use
his own discretion. Especially is
this true in defining the eX-
! tent of punishment where that is
a part of his duties. In matters
where the law is silent he may we'll
exercise his sound discretion, having
| in view always the public welfare
and. to a certain degree, public opin-
ion. In the case of apparently con-
flicting laws it is his duty to enforce
| them in their true and reasonable
spirit, and in accord with good con-
| science. The question of reconciling
| conflicting, or apparently conflicting,
laws is the business of the higher
courts, and should be left to them.
The executive should not modify
certain laws nor any laws. There
is only one sense in which they
should be administered, and that is
the right sense In all cases where
the legislative body has framed a
law, it is to be presumed that the
real public sentiment is expressed
in that law, and it is the duty OF the
executive to enforce it fairly and
fully until the people change or re-
peal it, He is to enforce the laws,
not in an extreme or harshly literal
sense. but in their reasonable mean
ing and spirit, as honestly inter-
preted by the best legal minds, or
according to the best legal advice
obtainable 1t is the plain duty of
the executive to administer the laws
as he finds them on the statute
books. though he might in some
cases exercise a prudent discretion,
but the practice of exercising his
discrimination as to what laws are
and what laws are not to be en-
forced cannot be too strongly con-
demned. AS a matter of fact it is.
the very root of all evil in bad gov
ernment. 1t is a practice that can
not help but be dangerous in any
government, but it is especially so
in municipal government, where it
is applied to laws regulating the
liquor traffic, gambling, the social
evil and other forms of vice.
The way to dispose of an objection
able law is to enforce it; then if the
people do not want it they can re-
peal or modify it. This so-called ex-
/ ercise of discretion in the execution
and enforcement of law is the curse
of our modern municipal govern
\ n1ent It is the fountain head of
| bribery, corruption and all other
/ forms Of disagreement. Nothing
is more destructive and disintegrat-
ing to a government than disregard
and evasion of law. 1t leads to
anarchy, confusion ard general dis
/ trust. The exhibitions of lawlessness
which have been like a tidal wave
in this country within the last few
years, almost threatening it's very
existence, are the direct results of
the exercise of discretion IN the ad-
ministration of laws, which has be-
gotten contempt and disregard for
the laws in general.
The safety and hope of this gov
ernment lies in the education of the
people and proper enforcement of
the laws. 1t will not do to allow the
spirit of contempt for the law to
implant itself in the public mind.
One Of the surest ways of breeding
such a spirit is to allow an executive
officer the privilege of executing a