Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-12-18

"Ihe idea that government Is an NC
tive. ever-present power. keeping CON
stantly informed of the state Of the
country, and ready at every moment to
intervene, of its own motion. for the
protection of the people, seems scarcely
to have entered the public mind.
Those who can spare the needed
time and means. seek redress for
wrongs. impending or suffered, by ap-
pealing to courts. The humble, whose
present burdens are all they can bear.
endure a new oppression as best they
can. The fact that there are courts of
justice to try proper controversies. and
to adjudge penalties incurred, seems
to have had the singular effect of blind
ing both the people and the public Of
fcers to the greater fact that the pro-
lection of the people in the enjoyment
Of life, liberty and the pursuit of hap
piness, is the ever-present duty Of the
executive power. and in all ordinary
cases requires no lawsuit, except occa-
sionally a criminal prosecution, follow
ing an arrest, for the infection Of a
penalty incurred.
THE constitution and laws do not
say that sheriff, marshal, mayor, gov
error and president shall enforce the
laws and protect the people, provided
that ONE other department of the gov
eminent shall request, or some particu-
larry aggrieved citizen shall p~atition
therefor; but the command is impera-
tive that the president shall take care
that the laws be faithfully executed,
and the same command is repeated to
governor and mayor, and extended to
sheriff and marshal" y
"In the enforcement of the laws, the
constitution alike of State and nation,
distinctly intends that the executive
shall move in the first instance. and
without any special application, as the
occasion may require. The constitution
p~resupposes that by means of facilities
at his command, the executive will be
at all times more fully informed of the
condition of the people; Of the dangers
that threaten them; the evils that dis
turb the peace, and the need Of protec-
tion and defense, than any other person
or public officer within his jurisdiction.
1t is for this reason that the constitu-
ton requires the chief executive to
give the legislative body information
of the state of the country, which it is
not presumed that they could other
wise require"
THAI sounds like good common sense,
and all coed laws are based on DOM
mon sense. What is the use OF main
tanning an expensive executive depart
ment Of State or city # the citizens
must ferret out the violations of the
law and inform the executive of them
and then swear out warrants? That is
not the duty of the private citizen and
the private citizen has no business
swearing out warrants, except as a very
last resort. That is the duty of the ex-
ecutive, according to Bonney and ac-
cording to State and city laws.
Again: Acting in good faith and
within the limits of his jurisdiction,
the executive officer is as independent,
and as fully protected as the legislator
or judge. All may err, but there is
no such a case, no personal liability for
the consequences Of the error. 1t is
only when the executive officer acts
without authority, without probable
cause, and with actual malice that he
deserves impeachment and punish
ment."
But let it ever be borne in mind
that there is no discretion to let law-
breaking continue; one to let the law
be defied. The wrong-doer must make
his unconditional surrender to the com
mander before he is in a position to
ask favorable terms"
with practically unlimited power
of law enforcement, the executive can
surely find the way to proceed, if he
have the will to do SO. The old maxim
is true: Where there is a will there is
a way"
He cites partyism as one of the
greatest hindrances to the proper exc
cution of the laws, and says:
"It is right for good citizens to d.
vide on political questions If they will;
but it is not right for them to divide
on questions of public order and NOR
ais; for in comparison with those
crown jewels of the enlightened state.
merely political differences Of opinion
are Insignificant. Among the proofs