The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1907-10-18
LOCAL
OPTION {
An Interesting Communication
from
ATTORNEY WEGNER
Thinks System Of Letting Counties
Enforce State Laws as They see Fit
q Bad One----State Should See
that Laws are Obeyed.

that Laws are Obeyed.
Editor of the Courant:
[ see in the papers that there
is some talk of a rehearing in
Temperance Commission e r s
Case. Now, while l do not be-
lieve that it was the intention
of the trainers of the constitu-
ton that we should have one
set of officers to enforce the
prohibition law and another set
to enforce the remaining stat
utes, yet [ do not intend to dis
cuss the constitutionality of the
Temperance Commis 5 toner's
Law.
The enact1ng of this statute,
however, indicates not only that
the people now see the worse
than uselessness of the prohi-
bitiOn law unless we can have
proper means of enforcing it.
but also that they have begun
to realize that the state which
made the prohibition law is
the proper party to enforce it
and should enforce it and not
leave it to the tender 1nercies
of the half a hundred different
counties in this state to do as
they please about it.
But, if the state is the proper
party and can best enforce its
liquor laws, why can it not also
best enforce all it's other laws?
The state has prohibited sa-
looms, gambling, horse-stealing g
and lynching, etc., and the
people as a whole believe in
these various measures. Why
should not the state itself there
fore enforce them in place of
letting each community do it
just as much and just as little
as it sees fit? We have all seen
what this system of local op-
ton in law enforcement on the
prohibition question leads ito
and is it not about the same
regarding every other law? A
states attorney, depending as
he at present does on the vot-
ers of the county for his cleo
ton, naturally is Influenced
very much by their sentiment
not only in regard to particular
laws but also in regard to law
enforcement in general, that is
whether any money shall be
expended for prosecuting cri-
nlinals at all. Have we not
all seen states attorneys in or
der to save expense in place of
furnishing criminals simply
give them a certain time in
which to get out of the county.
They thus chase the culprits
into each others territory just
like two old women throwing g
rubbish into each others back
yard. The state has just as
many criminals as before and
none have been punished.
1t is not very difficult to un-
derstand how this state gets it's
foolish system of local option
in the enforcement of laws. It
must be remembered that this
country once consisted of a
number of British Royal Colo
nies and the King of England
appointed the governors. The
people had no voice in these
appointments and necessarily
done all they could to limit
their power and so little by
little the power to enforce the
laws-the executive power
was wrested from them. The
old colonies were the first states
and when North Dakota tram
ed it's constitution we pattern
ed it after those older
constitutions and forgot that
King George and his power
was dead and that we were not
now subject to the English
King and his governors.
I have studied the govern.
ments of most of the civilized
nations and none of them has
this foolish system of local op.
ton in the enforcement of its
laws. The laws are all enforc
ed by a central authority, king
or president. Even our owr