New-York tribune., 1902-05-05
THE ENFORCEMENT OF L4W.
\ SUGGESTION THAT NO ORDINANCES
SHOULD BE IGNORED BY THE POLICE.

SHOULD BE IGNORED BY THE POLICE
To the Editor Of The Tribune,
Sir: II seems 10 that II the police would simply
do with respect to all law what some OF them
have been doing during the last week with
respect to the excise laws they would confer a
great benefit upon the public. and in the end, If
not AT once. vastly benefit themselves
Every time a policeman secs person violating
any Ia " OF the state ordinance Of the city il is
his duty TO arrest such person II he can. and for
any wfg neglect 10 do So he Is liable a years
imprisonment I'm the ppuiteutiary, to pay a fine OF
500, and 10 he dismissed from the force. The law
gives policeman discretion 70 whether ur
not he shall MAKE arrest when ne witnesses a
violation OF law. Nor should il: for If police
men had such discretion they could offer it as an
excuse for any neglect TO perform their duty II
the offence for which is made is slight or
technical only. IL is for tn magistrate to discharge
the prisoner or impose "a light penalty.
There are thousands OF violations OF law
mitted every day in plain view OF policemen when
no arrest is made and these violations of law do
immense damage, infct terrible suffering and
many deaths. / refer particularly 10 the vio-
lation of the Sanitary Code and to violations ~ the
laws against nuisance and disoTderly conduct. The
Corporation Counsel mas recently stated that To
max" such a noise that made by scissors
grinders is nuisance. because II auuoys or in
jures or endangers the comfort, repose. health
safety of a considerable number OF people. such
noises are certainly danger To life and health
and actually do injure health, well : cause
people to lose money through loss Of time and hy
making them less mt to do their work. But little
or no attempt IS made 20 stop such noises.
The Mayor OF the city has stated that the eN-
treme OF the law is the extreme of injustice
doubt II this is true i'm any Even TO infct
the fun penalty OF the law upon a person for a
mere technical violation Of law. though really. per-
haps. an injustice, is not great injustice as
70 Iniict penalty upon a person who mas COM
mitted no crime. But some persons seem to think
that the extreme OF the law IN the sense OF the
strict enforcement OF the law IS injustice. Il any
attempt at all is made 70 enforce law but such
law Is not strictly enforced some persons are
prosecuted while others who have committed the
same offence. and who could be punished are not
punished. though they are perhaps just deserv-
II the officers OF the law are thus allowed to sheV
partially it opens the door and offers temptation
II the head Of the police force will have certain
panies have their conductors watched, and when
is committed in his presence win dismiss such a
man from the force. as the law empowers the Com
when the rest will take the hint and do their duty
presence are concerned and If this is done vast
improvement VIII have been made. even II secret
not only do these violations of law, which open
greater harm than the secret violations-but il is
me open violations of law which tend most 10
Their are probably laws that can be secre~y
trT oeH i,pd S mdt urdfcton @ @ ana punishment Is tN
a9d a9d competent administration of law these laws
laws. doing no good and holding out a constant
temptation 10 bltCkmall, ought to be repealed
amended But the best way determine what
laws OF this kind is honestly attempt To en-
force all laws. Then the people better deter
mine what laws good and what bad The
science of government * experimental science
ment whether any law Will prove beneficial or the
reverse. The only way is 10 try and see how
u works. But II the people determine 10 try a
law and have il passed and those charged with ex-
eCutinE IL neglect refuse 10 try 10 enforce, IT,
then the people remain just much in the dark
Ia whether that law is a good one or a bad one
they before X passed II is true with
respect the excise law. that. cxperiments ha We
bee made In the way Of trying To enfnTc, AZ and
many think that these experiments prove th, law
to be a failure. But the people have q right 10
make stiH other experiments IL they see m 10 do
Two or three experiments may satisfy some
persons when one WOULD not, and five or six expert
Inants may satisfy who would not he ga tisGfI
people Cf the State has just adjourned without
changing the excise law. The itsisiatur,. Is the
agent Of the people. anu what Tho peonle DO bv
agent they do themselves PERHAPS Inc people
not wise in wanting to eNperiTnapt fi1rther
with this excise law. Ny own oninton is that
they not. But II is the peoples right and
privilege to make still other ana further experi-
ments with this law as with any other law il
they sec MT, ana no executive officer has a right
say that they shall not do IL executive Off
GERS are allowed 10 enforce only such laws as they
please ana TO punish only such Offenders as they
may see ut to punish. then such oficers are not
the agents or government all. but petty
despots, and a reign OF anarchy, somewhat mod
Ns"-aoIh' Api4 - lSO-. ELMER LEE.