The bee., 1901-11-14

and bounden duty 1t is to see
that those laws are executed.
Let those laws be faithfully and
impartially executed, and this
trouble will cease at once, and
the law-abiding citizens of Hop
kins county can again go quietly
about their daily avocations with
out the fear of being assassinated.
The Law for the Case.
Sectisinh1a Kentucky Stat
utes provides:
"If any two or more persons shall
confederate or band themselves to-
gether for the purpose of intimidat-
ing, alarming, disturbing, or injur-
ing any person or persons = or
to do any feloniOus act. they or either
of them, shall be deemed guilty of
felony, and, upon conviction, shall
be confined in the penitentiary not
less than one nor more than five
years"
Section 1868 of the Kentucky
Statutes provides:
"If any person or persons shall be
guilty of breach of the peace, riot,
rout, unlawful assembly, or affray,
the person so offending and each of
them, shall be fined not less than
one cent nor more than 500, or i'm
prisoned not less than five nor more
than fifty days, or both SO fined and
imprisoned"
! There are other laws on the
books which would cover this
case, such as those against va
grancy, against carrying con-
cealed weapons, against disor-
DERBY conduct, against reckless
firing; shooting and wounding
with intent to kill; shooting
without wounding; against con-
spiracy; against arson, and so ON.
But the two sections quoted
above, if enforced, would soon
and thoroughly remedy the evil.
How can they be executed, and
by whom? The Circuit Judges
of the State are conservators of
the peace throughout the State.
I The County Judge of Hopkins
county is the conservator of the
peace III Hopkins county. There
are other constitutional officers
also whose duty it is to see that
these laws are executed and
obeyed, Commemorative Attor-
ney, County Attorney, Sheriff
and all peace officers, such as
Constables, Marshals and Police
men. 1t seems to me that
vigorous action on the part of
Commonwealth's and County At
torneys would bring about prose-
cutions and convictions that
would soon drive these lawless
people from Hopkins county.
The procedure is by warrant or
by Indictment in the Circuit
Court. Where a felony has been
committed, which is any offense
punishable by confinement in the
penitentiary, an officer has the
right right to arrest the offender
without any warrant. In misde-
meanor cases it is necessary to
have a warrant unless the olfense
be committed in the presence of
the officer, when he is author
ized to arrest without a warrant.
If an arrest is made without a
warrant the party arrested must
be carried forthwith before the
most convenient Magistrate of
the county to be dealt with ac-
cording to law. If an arrest is
made on warrant, the party ar
rested must be carried before a
Magistrate to be dealt with ac-
cording to law, except in case of
murder, when he must be carried
before the County Judge.
The law is plain, the procedure
is simple; innumerable offenses
are committed every day; there
are plenty of officers whose sworn
duty it is to ferret out and see
that the offenders be punished.
Will they perform their plain
sworn duty? If they will these
unlawful assemblies and camps
can be broken up.
OF course the Commonwealth S
Attorney, or both, as the case
may be, after becoming thor
oughly advised as to the facts, in
setting on foot the prosecution,
will determine whether it is bet
ter to prosecute for the felony or
the misdemeanor. The same
party on the same facts cannot be
convicted of both offenses. Hence
it will be necessary for the Pros
ecuting Attorney to elect for
which offense he will prosecute.
l think a vigorous and thorough
prosecution for either offense
would accomplish the desired re-
snlt. LAW AND ORDER