The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1897-04-28
The People and Public Opinion.

The Montpelier Waterman takes the
ground that the states attorney should not
let public opinion influence him in the least
in performing his sworn duties; he should
enforce the prohibitory law in accordance
with his oath whether the people are with
him or against him. It 10 intimated that
these attorneys are often elected to Office
to carry out the provisions Of a law which
the community does not care to enforce
either collectively or individually; in other
words the attorney is paid salary to look
after the strict enforcement Of all laws,
and in addition to his salary receive all the
glory and all the cussing.-Bellows Falls
Times.
What is "public opinion and how
is States attorney to discover itp Who
are "the people" and how is the prose-
cutting officer to know whether they
are with him or against him?" Over
what range of territory does public
opinion extend, and do the people COM
prise the population of the State at
large or some possible fragments of
that population, here and there?
If public opinion is noise, and its ex.
ponents are the noisy minority-a bak-
er's dozen, more or less, of hit birds or
other folk in local communities, whose
squawking or other demonstrations adj
vertise their existence and their opin-
ions-if these are the people and their
expressions are public opinion, the Off
Ger charged with the enforcement of
the laws would not have far 10 seek to
find both; and if he could further find
that the Constitution or the Laws have
given local communities power to null
lily or veto any part of the fundamental
or the statutory law of the State that
they do not happen to like or approve,
then the officer might be " influenced
in his sworn duties," and neglect those
duties in those communities.
But the public opinion that instructs
an officer Of the law and is binding upon
him is the opinion of the majority of
the legal voters of The State. Their
opinion, their will, in respect of mat
tiers of public policy, public morals,
public welfare, is plainly declared in
the Jaws that pass through the legally
established channels of Legislation to
the statute book. Until these express
sions of public opinion, these declsra-
tions of the will of the people, are re-
pealed, or are annulled by the Supreme
Court of the State, they are the sole
instruction and command to the officer
chosen and sworn to see that they are
obeyed, and to enforce them if they are
disregarded. And in the case of law
like that regulating the tariff in intoxi-
eating liquors, enacted more than a
generation ago, reaffirmed and strength
ened by every succeeding Legislature,
and repeatedly sustained by the su.
preme legal tribunal of the State, the
command to the officers intrusted with
its enforcement is rendered imperative
and mandatory by every circumstance
and consideration that can give weight
and emnity to the mandate. There
is no room, there is no warrant, for the
assumption that any community in the
State "does not care to enforce the pro-
visions of the law, either collectively or
individuality" but if there were, shall
the people of Vermont concede to that
community the right denied to South
Carolina, at the cost of much blood and
treasure, the right of an individual
member of community to nullify
law in the enactment of which all par
ticipated?
The States attorney, in the matter
of enforcing the laws, can recognize
but one index of public opinion, the
laws of the State. He has nothing to
do with the "glory or the cussing"
that may attend the enforcement of
law. He accepts the Office with full
knowledge of its duties and RESPONSE
bilities, its amenities and its hardships,
but he will find that honor and respect
will accrue to him, from all classes of
the community, if he is faithful and
strenuous in the performance of official
duty, and conscientious in his regard
for his official oath. All men respect
character, and do homage to ability, and
the honorable and successful employ
ment of abilities; and there is not a
community in the State, majority of
whose members will not rally round
and support, and take an honest pride
in an officer of this stamp, whether or
not they believe in the prohibitory
code.
In cases of dihtheria there is no better