The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-12
EXECUTING THE Laws.
to the
Better Enforcement of Statutes.

LtCCOH INK
Better Enforcement of Statutes.
The Constitution requires that the Gov
ernor ''shall take care that the laws be
faithfully executed" The authority under
which the Governor acts in compliance
with this general provision is to be found
only in the great body of laws enacted.
No specific power is conferred by law upon
the Governor by which he is enabled to see
to the execution of any particular law.
Doubtless the laws as they stand consti-
tute sufficient authority for all ordinary
contingencies to see to the faithful execu-
ton of the laws, but contingencies are LA
BILE to arise at any time, and, indeed, have
arisen more than once during my term of
office, to which have directed your at
~tention, ard for which the legal processes
now provided are hardly sufficient to en-
able the Governor, with promptness and
completeness, to see that the laws are
faithfully executed.
On three sides of the State, close to it's
borders, there are many large cities, with
populations ranging from nearly two hum
dred thousand to a million and a half.
While it is true that the vast majority of
the population of large cities is composed
of law-abiding, intelligent and desirable
citizens, it is equally true that such cities
attract in large numbers the lawless and
the criminal. The police powers of nearly
all cities are extended beyond the corpo-
rate limits in order tc enable them to deal
more effectively with these classes. But
such powers cannot pass beyond State
lines.
The communities in this State adjacent to
these large cities are largely rural in char
acter, with no sufficient organization or
provision to enable them to cope with the
criminal or lawless classes, when invading
their precincts in large numbers.
In the great majority of counties the
sheriffs elected by the people, who are the
executive officers in the counties for the
enforcement of the laws, are undoubtedly
active, efficient and earnest in the per-
Torrance of their duties. There are not,
unfortunately, wanting instances, however,
and this will doubtless always be true,
where the approach of an election, friendly
association with parties interested or other
means influence or contribute to a dilatori-
ness or neglect in the performance OF OFF,
cial duties from which the public inter.
ests, the apprehension or prevention of
crime are seriously jeopardized.
1t is true that in crime there is TO poll
b. his selfish desires or criminal instincts,
will use such party through which he may
best further his purpose.
Thus, in some counties that may be po-
1itically close, it may be sometimes difficult
to secure from local officials the earnest
laws imperatively demands, and without
which the laws cannot be faithfully exc
cuted. I therefore recommend. for your
consideration the propriety OF enacting
laws.
/. Authorizing the Governor in his own
name, OF III II Hdlnc VI liz Oh LII
relation of the Governor, to institute in the
courts action to enjoin and prevent the
public peace, public morals, public health.
public policy, or in any violation of any of
| the statutes of the State. with the authority
in proper cases to appoint a receiver for the
property in which the illegal acts are being
committed. and in this connection of max
ing the law retroactive SO as TO cover suits
already instituted
?. Authorizing the Governor or other
proper officer to institute and maintain
actions against railroad companies or other
common carriers, to restrain them from
carrying passengers for the purpose OF. en-
saging in unlawful enterprises, and making
the carrying for such purpose a cause for
a forfeiture of their franchises.
3. Authorizing the Governor to suspend
any sheriff, or other executive officer of the
counties or cities. who fails or refuses to
law, for a limited period, and to appoint
temporarily some person to perform the
A report of such action, together with the
names. to be furnished to the General As
sembly at its next session.
A. Authorizing the Governor to apply tc
the court Of the county for the removal
OF any sheriff or other executive officer who
shall persistently fail. neglect or refuse tc
perform the duties required of him by law.
And I that you consider and
determine what other or different enact.
ments are necessary and proper in order
take care that the laws are faithfully ex-
ecuted."
WINTER RACING y WHITE CAPS.
Near the city of Hammond there has beer
located what Is known as the "Roby Fair
Association 1t is not Incorporated under
the laws of this State, nor, SO far as l car
ascertain, of any State, and what is tbs
legal nature of the association iss sedulous
w concealed. What IT'S actual nature, it,
purposes and character is without any con
cealment. 1t is simply an immense gam
bling concern. with a racing attachment IL
give it the appearance of responsibility. I
draws within our borders the lawless an
disreputable elements of Chicago. fer I
purpose that is not permitted. nor woulS
be tolerated, within that city's limits.
Its every influence is demoralizing. ell
couraging vice, propagating crime, and thu
brings our State into disrepute. Its transac
lions have been open and notorious. but tn
authorities of LAX county seem TO b
either indispoSed or powerleSs to proven
them. l have been earnestly seeking som
means. warranted by law, by which thi
disgrace to our State could be prevented
Although having the able advice. earnes
assistance and active cooperation OF At
torney-general Ketcham. have failed t
find the way.
In view OF the failure OF the suprem
Court to pass upon the Columbian Athleti
Club case, and the approaching session O
the General Assembly. | have conclude
4 . .af ~ wae wiser tn call Your attention 1