Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-18
DISCRETION OF EXECUTIVES
What Might Be Done if All Laws We're
Rigidly Enforced.
EFFECT OF THE DEAD LETTER STATUTES
address by Edward ltosewater Before
the Omaha Y. NJ. G. A. in
1896 that Has Imme-
diate Application.


association on "The Discretion Of Execu-
ives in the Enforcement Of Law" 1t has
never been published. but It is 30 pertinent
To-Day that it is offered II was then de-
i.vered MIR. Rosewapr said:
II is decreed by the constitution Of Ne
braska that the supreme executive power
shall be vested in the governor, who shall
take care that the laws be faithfully
executed.
Belize assuming the function OF chief
executive the governor Is required to make
oath ,hat lie will support the constitution
OF the United States and the constitution
OF the state and that he will faithfully
discharse the duties of his Office accord
ms to the best o. his ability.
Is the governor to have discretion
in tho discharge Of his duties? Is he under
obligation to enforce every law on the
statute books regardless Of the con-
sequence or circumstances7 or Is he per-
nitted in the discharge Of his duties to
exercise common sense and diverge from
the perpendicular line of absolute enforce
ment wherever the condition and public
sentiment compel divergence? Do not
custom and usage, which make law, fully
demonstrate that the executive must often
exercise discretion in the interest OF good
government, as well as for maintaining
popular respect for law
In examining the statute books we find
obsolete laws imperative laws, impractical
laws and pernicious laws.
The statute Of Connecticut and other
New England states have for two centuries
been encountered with what are known
as puritan blue Laws" which have long
since become obsolete.
I need instance only a few of these laws
their
enforcement in our day would only tend
to bring ridicule and odium upon law in
general
Connecticut blue Laws.
No food or lodging shall be offered a
Quaker, Adamite or other hereto
If any person shall turn Quaker he snail
be banlshed and not suffered to return on
No one shall run on the Sabbath day or
walk in his garden or elsewhere, except
reverently to and from meeting.
No one shall travel cook Vlctuals, make
beds, sweep house, cut hair or shave on
No woman shall kiss her children the
Sabbath day or fast day.
whoever wears clothes trimmed with
gold, silver or bone lace above ? shillings
per yard shall be presented by the grand
Jurors and the selectmen shall tax the Oh
No one shall read the common prayer
book, keep Christmas or set days or play
on any Instrument except the drum or
jewsharp.
Married persons must 1--we together or be
imprisoned In jail. az
who win contend that the present gov
ernor of Connecticut IS bound to enforce
these laws to the very letter? Does 1t not
stand to reason that under existing condi-
tions this enforcement is utterly impossi-
BILE and If attempted would be resisted and
might even provoke rioting and violence?
Massnchusetts.
The laws 1 have quoted are now obsolete
and dead but the following laws are still
In full force:
Rogues and vagabonds, persons who use
any Juggling or unlawful games or plays,
common plpers and hddiers, common
drunkards night walkers, both male and
female, may be committed TO the HOUSE OF
Industry or workhouse for term not ex-
,rran1ps shall be punished by imprison-
ment in the House OF Sorreeit1on or Ssa oT
more than two years. All iole persons
who, not having visible means Of support
be deemed Migrants and Imprisoned not
more than six months -,
Innkeepers may refuse to supply FOOD
IN stranFers and travellers on Sunday
Whoever travels on the Lords day, ex-
cent from necessity or charity, shall be
punished by hne not exceeding SlO TOT
Whoever, keeping house. shop, cellar
or place of public ent tainment or refresh
ment entertains therein on the Lords day
any person other than travellers. strangers
or dodgers, or suffers such persons on such
day to remain therein, or in the yards, or
chards, or fields appertaining thereto,
drinking OF spending their time idly or at
play; or IN doing any secular business
Connecticut.
Every person who shall engage in any
sport or recreation ON Sunday between
sunrise and sunset shall be hned not more
than 81 nor less than 81 Every person
who shall be present at any concert OF
music, dancing OF other public diversion
on Sunday, OF on the evening thereof, shall
Same vagrancy laws as Massachusetts,.
Any sheriff, deputy sheriff. constable or
policeman may upon view arrest tramps.
without warrant, and on conviction Is en-
titled TO a reward Of $ to be paid by the
All mayors, wardens and selectmen are
empowered and requested to appoint spe-
eial eonstsoles, whose 9ut , II shail be 20
respective cities, boroughs and towns.
Nebraska Dead Letter Laws.
The statutes of Nebraska date back less
than forty years and already we have piled
up laws that no governor has ever been
able 20 enforce and no governor has been
indiscreet enough even to attempt to put
In force.
For the last thirteen years We have had
law on our statute books which makes
treating misdemeanor, ana yet there is
not single instance on record where the
NAAoiNSAleAA u TINS law mas ever heon at
tempted. II has been a dead letter from
its inception and viii remain dead letter,
as It has in Wisconsin. where 1t FIRST orig
mated.
We have a law on the statute books that
prohibits betting on elections, either state
or national. and that. OF course. would in
clude offers or awards made by newspaper
TO those who would CUES the name Of the
successful candidate or the number OF votes
that would be cast for him. This law has
remained dead letter simply because pub
lie sentiment does not back Il up sufficient,
10 make its enforcement practicable.
We have a law on our statute books thai
requires every employer Of female help II
stores. Offices or schools to provide a chair
stool or seat for each and every such EN-.
ploye, upon which these female workers
shall be allowed to rest when their duties
will permit, and any neglect or refusal e
provide chair or stool for every female
worker subjects the employer 20 hne OF
from $40 20 $500. which fine shall be paid e
the female worker whom he has neglected
- A.