El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-08-01
DUTY OF PUBLIC OFFICERS.

The penal code of the state of Texs:
is very interesting reading. 1t is toe
bad it has not a more general circul-
alton among the people, especially the
tax payers of the city, who are most
interested in having the good laws en-
forced and the bad ones repealed.
The position of this paper is and always
will be that while law is on the stat
ute book 1t must be .enforced-that
officers who swear to uphold the law
have no discretion in the matter,
but ire in honor and honesty bound to
enforce the laws as they stand.
The wording OF the law is very clear.
There Is no possibility of squirming
out OF plain duty by protesting ignor-
ance. And in order that the people at
large may get an idea of what is re-
quired OF their sppointees to high pub
lie office, we propose from time to time
to print such portions of the penal code
as refer most directly to the duties of
city and county officers.
The county attorney rushed into
print the other day and made state
code. For instance, he said that it is
''the duty under the law" for every
citizen who desires to have certain
nuisance stopped to make formal
complaint on an affidavit so that the
county attorney can file information
on which to proceed with the case. 1t
may be the moral duty of the citizen
so to do, but ii Is certainly not legal
obligation. 1t is q privilege, but so
far IS his duty is concerned, his duty is
first and foremost to his family and
Legitimate personal interests before
the community can justly call upon
him to jeopardlze his business inte-
rests or his life In acting as a peace
officer.
With public officers it is different al
together. When they accepted Office
as the servants OF the public they took
solemn oath to use their best endeavor
to enforce the laws. AS q matter OF
"a Vt IL lie notorious that they make no
attempt to enforce certain laws, and by
such manifest negligence they lay
themselves liable to severe punish
ment.
There are two ways by which citi-
Gems can institute action against viola
tors Of law. They can go before any
officer qualified to administer an oath
and make an affidavit upon which the
county attorney can file an informant
10 legal terml in the county court. Or
II the citizen so desires he can go be-
fore the grand jury and make his
statement. The grand jury should
then investigate and return an indict-
ment- The subsequent procedure is
the same in both cases.
This is very we'll when the citizen
wishes TO take an active part in look
ing to the enforcement of the law. But
the code amply provides for the en-
forcement of the law in cases where in
dividual citizens do not care to take
active part in securing their enforce
ment. AS we have said before, pub
lie officers are paid to see that the
laws are enforced, and they have
taken q solemn oath to uphold the laws
to the best Of their ability.
10 order to give I'D idea as to the
plain requirements of the statutes, we
print below several extracts from the
penal code aud code of criminal pro-
cedure OF the state of Texas.
The first shows clearly that it is the
duty of the county attorney, in cases
where he is enabled to file an informa-
lion on the affidavit OF others, to pre-
sent to theproper court cases ofneglect