Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-18


law.
Observance of Holidays.
The laws of this state make New Years
day, washington's birthday the Fourth of
July. Labor day. Thanksgiving and Christ
mas legal holidays. In the eyes of the law
their observance is just imperative as
the observance OF the legal Sabbath, which
is Sunday; but public sentiment does not
so regard them and II would be impossible
to enforce strict Sabbath observance on
the Fourth of July. on Thanksgiving day
or on New Years day. To be sure our
banking houses close and there is half
| holiday observance among business men
| on these days, but what would people who
complain of the lax Sunday observance
think OF firing cannons, fire crackers and
display Of fireworks on an ordinary Sun
day.
am aware. of course. that in the alb
stract It is expected that the executive
national, state or municipal, should exert
all power at his command to enforce every
law, but we are dealing with conditions
and not theories.
Is Il not manifest, from what have
already stated. that II the governor was
Improbable for failing to enforce every
law on our statute books that we should
have been without a governor for the last
twenty-five years?
Powers of the Mayor.
Let us now pass from the state to the
municipal executive. Under the charter
for metropolitan cities the mayor is the
chief executive officer and conservator of
the pea throughout the city. He has the
supervision and control of all affairs of the
city and it is made his duty to see that
the provisions OF the charter and ordinance
are complied with
The charter also provides that the mayor
shall be active and vigilant in enforcing
all laws and ordinances Of the city.
Now, the question is. has the mayor any
discretion In the enforcement OF the laws
and ordinances as he finds them on the
statute books? Is he in duty bound to en-
force every law, regardless of the pernicious
and Injurious consequences II might entail?
/ apprehend that no such construction can
nationally be placed upon the duty of the
executive.
The mayor is expected to enforce the laws
against Sabbath breaking. The statutes
provide that If any person above the age
of Il years shall be found hunting. fishing,
shooting or quarreling on Sunday he may
be confined In the county jail for twenty
days. or fined not to exceed $40, or both, at
the discretion of the court. 1t would be
easy enough 10 enforce the law against
fishing and hunting but how about quar-
reling on Sunday7 Suppose the mayor
should direct the police to arrest every
man who quarreled on Sunday morning
over his wahies. his boiled eggs or his
billed" shirt Suppose the mayor should
cause the arrest Of every man and woman
who auarreled on Sunday about sleigh
riding, or arrest all the women IN town
who quarreled on Sunday over their re-
spective bonnets or dresses.
Sunday work in Omaha.
The law declares that every person above
IA years of age who shall be found doIng
labor on Sunday except charitable work
ana work as may be necessary, shall be
guilty OF a misdemeanor and subject to ar
rest and fine. Now, who is 70 decide for
the mayor what Is necessary? We know
that Sunday paper is not an absolute
necessity, and therefore the mayor would
be obliged, II he wanted to enforce the
Sunday law strictly. to close the news
paper offices, arrest the publishers. re-
porters, printers and pressmen. who do
the work after midnight Saturday, and
also cause the arrest OF all the newsboys
Sunday morning. And inasmuoh as Mon
day paper is not a necessity any more
than a Sunday paper, II would he his duty
to cause the arrest OF the publishers and
} employees engaged In labor for the Monday
, paper before midnight on Sunday which
J would practically make II impossible 70
print paper for Monday morning. Every
one knows that a carriage ride is not q
necessity except for the rich who so to
church IN their own vehicles. therefore II
/ wOuid be the duty OF the mayor TO close
J all livery stables and arrest all parties
who take a drive IN hired rig on the
Sabbath day.
The world managed to exist without tele-
phones for several thousand years. and.
, therefore. telephones not being a necessity
, il would be the duty OF the mayor to close
I the telephone exchange Sundays. But some
people insist that telephones have become
] a necessity. because you might want Ia
. call for doctor OF order a carriage from
a hveryman 10 attend a funeral or order
! drugs from a druggist. Right here We
reach the point where the mayor must ex-
ercise discretion. and he must decide
whether or not work IN the telephone ex-
change Is a necessity or a Dissertation OF
the Sabbath In violation OF Law. But tha