Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-05-26
ENFORCING THE Law.

ton Of the duties of prosecuting Of
ficials was that made by Attorney
General McCue before the district at ]
torneys Of the state at their meeting
at Grand Forks. Mr.. McCue went
well over the ground of the states
attorneys duty to the public and to-
the people who have elected him. He
showed the necessity for right CON
ception of duty and fearless perform
ance of it, and no doubt the address
served to give states attorney a bet
ter idea 5of their position as respects
their profession and the public.
Among other things necessarily dwelt
upon in the address was the matter
of the enforcement of the prohibition
law, something that enters largely
into the experience of every states
attorney in the state. Mr.. McCues
presented the duty of states attorneys
in this matter very plainly and
showed that personal beliefs or pre-.
JUDGES must not control in their per-
Torrance of the duty imposed under
the law, Mr.. McCue's remarks on
this pregnant subject should be wide
|ly circulated, and are reproduced here
because they very clearly set forth
the states attorneys duty:
The prosecuting attorneys find
more difficulty and meet more oppo-
sition in the enforcement OF penal
statutes, which make certain acts a
| crime, that were not SO recognized
by the common law. 1t is easy to
enforce the penal statutes, which re-
late to crimes against the person or
property. When you make an act
| penal for the good of society or for
| public policy you meet opposition
| from the lack of education along those
lines. The law that has caused the
police and prosecuting officers in this
state more trouble than nearly all
the other laws combined is the pro-
hibition law. Every legislature has
added some drastic measure to en-
able the state to more effectively en-
force this law. Going over the his
tory of this law, we find that the
trainers of the constitution were in
favor of prohibiting the sale of in
toxicating liquors as a beverage. The
people Of the territory of Dakota were
in favor Of the prohibition law, be-
cause they adopted the constitution
containing a prohibition plank. Since
the adoption of the constitution the
people, through their representatives
to each legislature, have reaffrmed
their allegiance to the law. There
fore it must be: conceded by every
fair-minded citizen that the great
majority of the people Of this state
are in favor of the prohibition law
However that may. be, the prosecut-
ing officers have nothing to Edo with
this phase of the matter. It is our
sworn duty to enforce it as we find
it on our statute. The man who asks
you to blight your oath and not en-
force the law is not good American
citizen-he is a menace to organized
society; a sower of the seeds of an
archy and strife. Those who are not
in favor Of tie law must content
themselves with addressing their
grievances to the legislature and
cease placing barriers and obstruc-
lions in the way of the officers, whose
duty it is to enforce it. In my opin-
ion the death knell of the open sa-3
loon, the dram shop and the blind
pig has been sounded in North Da-
kota. II the law is enforced effect
lively, so that it will operate alike
all over the state, you need not fear
resubmission, because the people will
be so well pleased with it that, if the
question was again submitted, they
would vote prohibition three to one.
Those who insist upon dealing in in
toxicating liquors had better cease
this illegal traffic or migrate, because
this. law has come to stay. The inn
mortal Lincoln said "A nation can not
survive which is half free and half
slave That saying applies with equal
force in this state -one-haR cannot.
be temperate if the other half is per
mitted to openly violate the law. No
immunities must be granted. All our,
citizens are entitled to equal protec-.
ton OF the law.
A GOOD Law