Gunnison news-champion and tribune., 1904-12-16
ON1A Law DREAKR[
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St4%> - EstssAs - -t"aAAs ~At ~Sst
b. defs the Law anA - sssrsas thesr
crsw44nsl plans without anssrsarenes
~ punishment.
Bat n Is a aaach more dangerous
eoudstIen when Psblic officials 1s
the pubic power so preveut the en-
'oFcemeui ii the Laws an5 - obstruci
the course a justice
Yet al the present time there Il
iso much evidence 81 just th,s sorl
of thing IN ear state. aud the public
newspaper As not true 30 its duty IT
il does nst call attention 10 the dan
ger from this perversian If oihcIa
power aud denoanee those that ar,
responsible for IL
A recent case reported from Glen
waad Springs may serve as timel,
t'xt That city l. the eosniy scat O.
Garfield county, and tbe count,
clerk TOR reasons best known to him
self undertook 10 nullify the ele,
{ IN laws Of the state relating 10 th,
advertisement Of the list OF nomin;
lions at the recent election By re
fasing 10 carry out the plain dire'
lions Of ..the law. he was guilty Of
very serious oifense. and in close
election his acts might have leopard
lied the vote Of the state for national
Or state officers.
This an example Of the way in
which county, state or even munici-
pal officials take it upon themselves
d nulhfy or amend the acts of the
Legislature or usurp the functions Of
the Judiciary by an Interpretation OF
the laws
But worse was 20 come in the Gar
field county case, for after an indict-
ment had been brought against the
county clerk for neglect of official
duties, the district attorney who had
been defeated for nomination at the
recent convention of his party. nolled
this Indictment along with other in
dlctments, greatly TO the indignation
OF the people of that county, who
could see no reason why the process
of law should break down at that
point
Among the indictments quashed
were others relating to criminal
charges in which it is claimed that
very strong cases existed against the
accused. In one case "A charge Of
murder was involved, and Judge w
j. Kerr of Pueblo, who had been en-
ployed as special assistant to the
prosecution, denounced the district
attorney for neglect of duty and per-
version of official power in an i'm
FASHIONED utterance. that stands as a
noteworthy incident in the annals of
/ Colorado criminal practice.
There is only one safe basis for the
administration of the laws, and that
Is the enforcement of all the laws
against all the law breakers, and the
punishment of all criminals without
respect to their personality or their
association When once the policy
of partiality and discrimination is
begun, ii is impossible to tell where
1t will end. If unlawful favors are
distributed to corporations, and if
the laws are twisted To serve the ends
OF partisan or factional politics, it is
sure .to be only question OF time
when the public officials that have
been taught the practice of evasion
and discrimination will use their Of
fetal powers to serve their own per
sonal ends or to satisfy their personal
spites and grudges.
The people Of Colorado should re-
alize, before the lesson is enforced
by any more disagreable experien-
ces, that the only policy that can
protect the Interests of all classes is
the one Of steadiast enforcement Of
the laws without partiality toward
anyone and without discrimination
against anyone
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