The news & observer., 1905-12-19
MUST ENFORCE TIE LAW Or
FORFEIT THEIR OFFICE.

There are no COuDt provisions III lne
New Code that are not freely under
stood by some of our State and county
officials. with reference to the illegal
sale or manufacture of intoxicants.
Heretofore the enforcement of such
laws has been solely in the hands of
Federal officers. and until recently it
has too often happened that some of
the officials 'winked at the violation
of the law, particularly if the
offender would promise to do all he
could for the party represented by the
Federal officials. Such barter of JUS
of law has been so notorious that in
some counties you could safely predict
that every distiller who "made terms"
would turn Republican. In some town.
ships this has been SO marked as to
almost change the political complex
ion Of the township after several lead
ing illegal distillers, or legal distillers
who swindle the government, had
made terms During the present
year more of these men have been con-
victed in both the State and Federal
courts and public sentiment demands
law enforcement and the punishment
of the guilty parties. In order to show
the public the penalty upon the OFF,
cials who do not enforce the watts
and Ward laws, we print these sections
from The Revised Code. 1t will be
seen that a sheriff or other officer. who
does not enforce the plain provisions
of the law and end distilleries opera
ted i'm defiance of law. is guilty OF
laches in office and such failure is
cause for remova! therefrom." Here
are the sections and, as they are not
familiar to the general public. we
invite a careful perusal of each.
1926. Officer failing to discharge
Ger mentioned in sections three thouS-
and five hundred and thirty-three and
three thousand five hundred and thlr-
ty-four shall fail or refuse to use due
diligence in the execution of the pro-
visions of such sections. after being in
formed of violation thereof he shall
be guilty of laches in office and such
failure be cause for removal there
from.
1888. Unlawful distillers. permit
ting, or land. If any person shall
knowingly permit or allow any distil-
lery or other apparatus for the making
or distilling of spirituous liquors to'be
set up fo- operation or to be operated
on lands in his possession or control
i'm any territory where the manufac-
ture and sale of intoxicating liquors
is prohibited by the state law be
guilty of a misdemeanor and shall be
punished in the discretion of the court.
II shall be the duty of the sheriff
and his deputies. and of any police
officer to search for and seize any
distillery or apparatus used for the
manufacture of spirituous liquors In
violation of any State law, and 10 de-
| liver such distillery or apparatus to
| the proper authorities of the United
States government for conflscatlon.
GERS to destroy any materials in use.
| or to be used, found at any, distiliery
for the manufacture Of intoxicating
| liquors contrary TO law; and to seize
any spirituous liquors found in the
possession of any person not tax-paid
and stamped as required by the Uni
ted States government and to deliver
the said liquors to the proper officers
of the United States government for
confiscation, and when Informed of
violation of this section to procure
warrants and to arrest the offender
and subpoena all persons who may
have information concerning the COM
| the party arrested.
3434. Unlawful sale through agents.
! If any person shall unlawfully and
| illegally procure and deliver any spir-
| ituous or malt liquors to another he
| shall be deemed and held in law to be
the agent of the person selling said
spirituous and malt liquors. and shall
be guilty of a misdemeanor and shall
be punished in the discretion of the
| court Whenever the solicitor of any
| judicial district shall have good reas-
| on to believe that liquor has been
manufactured or sold contrary to law
1
| within any county in their said ris-
| trict and shall believe that any per-
son shall have knowledge of the eX-
| istence and establishment of any IL
| licit distillery. or that any person has
sold liquor illegally. then it shall be
| lawful for said solicitor to apply to
the clerk of the Superior Court of
the county wherein said offense is sup
posed to have been committed to issue
subpoenas for the said person SO hav-
! ing knowledge of said offenses to aD
| pear before the next grand jury drawn
| for said county. there to testify upon
oath what he may know touching the
existence. establishment and wherea
bouts of said distillery or persons who
| have sold Intoxicating liquors con-
| trary to law and shall give the names
and personal description of the keep
ers thereof, and such evidence. when
so obtained. shall be considered and
| held in law as an information on
| oath unon which the grand Jury shall