Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1901-10-25
MADE MADE TO BE ENFORCED.
"The Laws arc OF the Statute Books and
Their Enforcement IS the Dnty OF tte>
Officers" says Cogac;lnan Eenkie.

''rhe Laws arc OF the Statute Books AID
Their Enforcement is the Duty OF ti.e>
Officers" says Cogacilulan EeHRio.
A meeting OF the city councii was
held Monday evening, the real pur
pose Of which was to give the city
attorney an opportunity to reply to
the communication made By the
chief Of police to the council at its
regular October meeting, wherein
the chief stated that the city attor.
ney had refused 10 prepare the con-
plant necessary to the arrest OF
Adam Asset for alleged violation of
| the Sunday clcsing law. However,
much of the time of the Meeting
was consumed in a dssultory dis
cussion of the law itself and it's en-.
forcement; matters which had no
place Lefore that body. In the
language Of councilman Henkie:
'The laws are on the statute books
and their enforcement is the duty of
the officers, and the whole matter
is out of place in the council" The
kernel of the matter before the
couEcil is this: What is the power
and authority of the council, and
what is the duty and authority of
police officers, and of the city attor-
ney in the matter of enforcement of
ordinances?
Under the charter of the city Of
Corvallis the common council has
power and authority "to pass any
ordinance not repugnant to tho
laws of the United States or the
law of the state Of Oregon necessary
or convenient for carrying such
power or authority, or any part
thereof, into effect"
When the couLcil has enacted an
ordinance and it has gone into effect,
the charter provides that police
officers "may make arrests for
breach of the peace or commission
of a crime within the limits of the
city with or without a warrant, as
peace officer may do under the
laws of the state," and must exc
cute all processes issued by the
police judge or directed to him by
any magistrate in this state in
criminal Matters and shall exer-
ercise such additional powers as
may be conferred upon him by or
dinances.
Here in substance is the duty
and authority Of council and police
officers. An arrest having been
made, the culpriL must be taken
before the police judge, who has
jurisdiction of all crimes and mis-
demeanors defined by ordinance OF
the city Of Corvallis, and has the
authority of a justice of the peace
within the limits Of the city, in
both civil and criminal matters.
Should the defendant plead "not
guilty" when arraigned before the
police judge, the law provides that
he may have jury trial.
Then, and not till then, are the
services Of the city attorney really
in demand. A prudent officer may
seek advice from the city attorney
where there is doubt that the law
has been violated, but the city at
terney is Under no legal obligation
to give it. And there is no service
in his power to perform in the
matter Of assisting in the apprehen-
sion and arrest of offenders, which
the statutes Of the state do not con-
fer upon any other attorney. He is.
simply an attorney retained by the
city to ''give his advice and opinion
in writing concerning any matter in
which the city is interested, when
required by the mayor or council or
any committee of the council' and
to attend to all actions, suits and
proceedings liz which the city is
legally interested, and attend to the
prosecution of all persons charged
with violation Of city ordinance. J"
We have gone to some length to
explain these matters, which it
would seem all should understand,
but that they do not is clearly
proved when the council is asked to
mediate difference between the
city attorney and a police officer.
All this has nothing to do
with the Sunday closing law,
and should have nothing to do
with it. The couneil has said
plainly, by ordinance, that, it
shall not be lawful for any per-
son to sell or in any wise dispose
OF, within the corporate limits Of
the city of Corvallis, any spirit.
Gus or fermented malt liquors,
or to keep open any place whefe
spurious OF malt liquors are
sold, on the first day Of the week,
commonly called Sunday, and
the council can do ne more. It
is the duty of an officer to arrest
any person who violates this or
| dinance. If the defendant
stands trial and the ordinance is
found to be unconstitutional it
can and should be repealed. #
he is found guilty there is pun
ishment provided for the oFense.
It is reasonable to suppose that
the council was in earnest when