Omaha daily bee., 1905-07-23

and comprehensive, Yesting the governor
with supreme executive power, ana entoin-
ing on him the duty to take care that the
laws be faithfully executed, II Whoily
fails to provide the ways and means py
which the executive may exercise the
power so given and perform the duty 50
enjoined, when officers other than those
appointed by him refuse to do their DUTY.
The legislature has also failed to proNlde
any procedure for the executive 10 tolOW
in giving the above constitutional provision
force and effect.
citizen of the state the right TO make com
plant against any officer guilty Oh Wllilul
disregard and neglect OF duty, ana ma, mas
conferred upon the proper tribunal or court
the express power to lmpeach ana remove
such officer. The governor, If he chooses
and has sufficient evidence on when 10
base belief in the guilt of the othceT
may proceed under this enactment OF the
Legislature any other citizen OF the state
to make ard prosecute such complaint
but he does it as a citizen, not as the
executive. .,....,z, -,,
vision quoted was intended as command
TO the executive to make and prosecute
complaints against local officers for neglect
of duty; and in the absence OF legislative
Command 1 do not believe you are required
| by law to do so. The responsibility Tor
holding local officers to strict perform
ance Of duty rests on the courts and the
citizenship of the locality which chooses
| the officers Such has been the unlnter-
! rupted practice and Interpretation OF the
| law by the legislative, executive ana Ju-
| dicial departments of the state ever since
| its admission into the union.
This department Is IN con os tbe t stata
! and has personal advice or the WORK tIey
are doing in most of the counties we are
vet to be informed OF single instance
| ybere the county prosecutor has failed or
refused to perform the duties ihhP ss, O.s
\ him in the prosecutions OF one sn y a. ?
| against the law. If you know or are 40
| vised of any such instances, TINS depart
| ment will Immediately act on your susses-
ton and invoke the proper court dn IN COR or
| pel such officer to perform ms uu'S' VI
| TO remove and punish MIN .,.,. ram,
! The legislature has provided another rem ,i
edy against official lawlessness, any Erit of
! zen may apply to the courts tor WI VIII % %
! nandamus to compel a derelct ofnceI ~
| perform his official duty. every citlzeh -
| bound TO bear his share OF the purueh "a
| SoN.cTnnnent. which means that he should
! act when he has personal kno "leu ol, , -.
! ofFicial malfeasance. The chlel * Aeouu n :
| SaS no mower under the law to do more
| than any other citizen Of the state III unt t
matter of controlling the oInclaL cU, ,Sose
| of men chosen to local oIIlSe, ~. u,av re-
! selection the governor is In no. NJ, MY tb.
| sDonsibie. By example and admonltlon I'M
| Governor has extended power 70 IlIlu ,t
and persuade otS ma TTsct I4u power, per
| n1it me to say, constantly exercised OS
| YOUR exceHency; but the law helL i ~
| 1resslv nor by Implication authorizes ~.
| Sgn,ernor TO assume personal or eNecutlNt
| Control of local officers. or 10 ulreCI Wy
local of EeTy respectfuy
i'''' NORRIS BROWN, Attorney General
Dendiock on Health officer.
The state Board of Health again toof
tbIrtv-three ballots today to choose sue
cessor to DIR. A. B. Somers of Omaha WIN
out an election. Drs. McConaughey' swarc
ard Andrews each received thirty-three bal
lots and then the board adjourned
Four men wi ose friends or relatives
claim are habitual drunkards have beer
sent 70 the asylum for treatment unde
the new dipsomaniac law. This is consld
cred a very good showing. as the law ma
been in effect only one month.
Insects Capture Lincoln.
Millions of little bugs. not unlike
) miniature grasshopper, green In color In
vaded Lincoln tonight in the business par
Of town, almost blotting out the electri
lights on the streets and causing mum
; ber of business houses to close. The In
; scots swooped down on the town SUDDEN
and flying into the stores stopped bushes
! in short order. The same insect mas IN
vaded lincoln before but according TO tn