El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-04-05
the gaming proprietor but by the may

or.
The mayor now stands for reelection
at the coming election. We admire
the audacity of the mayor almost az
much as we do the nerve of the boss
It Is superb
The wording of the law in this case
is perfectly clear. In order to give
an idea as to the plain requirements OF
the statutes, we print below several
extracts from the penal code and code
of criminal procedure of the state OF
Texas.
The two following articles OF the
penal code need little comment. They
are good morsels TO mediate upon.
Has the mayor neglected his duty:
Let each citizen Judge for himself.
Art 1872. Justice of the peace, etc..
failing to prosecute If any justice OF
the peace, mayor or recorder shall
know the fact that an offence against
the gaming laws has been committed
by any !person and shall fasl or neglect
to cause such person to be arrested and
prosecuted for the same. he shall be
punished by fine not less than twenty
I'VE uOr uOre ouon oS
dollars.
Art. 1893. Ftace officer failing to in
form.-If any peace officer shall know
that any person has committed an Of
tense against the gaming laws, and
shall neglect or fail to give informa-
ton thereof to some justice of the
pee ce, mayor. or recorder, having jur-
isdiction to try such offense, he shall be
punished by fine not less than twenty
g no hnn
penal Code.)
And the two articles printed below
show that the mayor is liable to pun
ishment for misdemeanor.
Art. 294. Wilful neglect of official
duty.-If any officer of the law shall
willfully or negligently fail to perform
any duty imposed on him by the penal
code or code of criminal procedure.
he shall, when the act or omission Is
not otherwise defined, be deemed gull
ty of misdemeanor and be punished
icle.
Art. 295. General penalty in the
absence of any other.-Whenever, in
the penal code or the code of criminal
procedure, it is declared that an Of
ficer is guilty of an offense on account
of any particular act or omission, and
there is not in the penal code any pun
ishment assigned for the same, such Of
ficer shall be deemed guilty of a mis-
demeanor, and shall be fined not eX-
ceeding two hundred dollars.
The following shows clearly that it
is the duty of the county attorney in
cases where he is enabled to file an in
formation on the affidavit of others, to
present to the proper court cases of
neglect or failure of duty by any pub
lie officer; and in case where the
instances of such neglect are not pres
ented by Information, or whenever the
same may come to his knowledge, it is
his duty to bring the facts before the
grand jury. And negligence of this
duty is a misdemesnor. The section
is as follows:
Art 33.-Duty to present officer for
neglect of duty, etc.
It shall be the duty of the district or
county attorney to present to the court
having jurisdiction, any officer, by in
formation, for the neglect or failure
of any duty enjoined upon such officer,
when such neglect or failure can be
presented by information, whenever it
shall come to the knowledge of said
or failure of duty upon the part of said
officer; and it shall be his duty to bring
to the notice of the grand jury all acts
of violation of law, or neglect or
failure of duty upon the part of any
officer, when such violation, neglect, or
failure are not presented by informa-
lion, and whenever the same may
come to his knowledge. Code of
Criminal sProcedure.)
AS to the facts in the case, there
AN be no question. AS to the bearing
If these facts upon the guilt of the
mayor, there can be no doubt in the
mind of a candid man. We have all
he law on our side. But as we have
7ithout public sentiment behind it. |
laws unenforced are in most cases
roductive of real harm, as they |
eaden the sense of the community to
he necessity of enforcing laws if |
'gislstion is to be of any signi-
canoe whatever.
But the real enemy to decent govern
ent, the enemy who should be sought
1t, punished, and branded so that he
i'll not again be found in place of
ust, is the public servant who utterly
'nores his oath of Office and pays no
tention to the laws he is sworn to en-
rec. Mayor Magofin is such man.
not Ell Paso degraded by permitting
oh men to occupy positions of the
CHEST trust among the people?
|
THE HERALD does not allow its likes
dislikes to prejudice its support of
" candidate for Office. We have