The Caucasian. (Clinton, N.C.) 188?-1913, 1910-06-23
CRIME STALKS ABROAD.
Hon. Iredell Meares Points Out the
High Duty of the Sheriff In Each



The Wilmington Dispatch publish
es the following from Hon. Iredell
Meares:
II crime is prevalent In this city,
Il should be suppressed. II the pro-
bibiti0n law ia violated, openly or
secretly or defiantly, there is a power
lodged somewhere to stop II, or we
are without law. 1t 10 not the duty
of u-iyate citizens to initiate inyesti-
cations or prosecutions. On the con-
frarv. the law does not favor private
prosecutions. 1t tends TO sinterJect
into the courts Of justice private re-
eentments, prejudices. fanaticism and
malice. In criminal trials personal
liberty on the one side and the well
faro Of society on the other are to
t... r4uaIIy safeguarded by impartial
a....rr We have organized govern
r..-.. in this State, county and city,
administered by paid officials to pro-
...r society. by the suppression of
c-.me. and the preservation of good
order. and, when infractions Of the
Iav bccome so fragrant as to invoke
private citizens to take the initiatory
steps 10 suppress it and public meet
jngs 20 Condemn it, there Is failure
up0n the part of the public officials
10 effectively administer the law. 1t
may be caused by their wilful neg
Icct. supine Indifference or miscon-
.eption Of duty. The result from
ether cause is the same to society.
Either is equally disastrous.
The responsibility for the suppress
sion Of crime, the apprehension and
punishment Of Yiolators Of the law,
rests upon the executive and judicial
departments Of government. Each,
as occasion arises, has its separate
function TO perform.
First The detection of crime and
apprehension Of the criminals de-
wolves upon the executive.
Second. The trial, acquittal or
punishment of criminals, devolyes
upon the judiciary.
1t is true the duties Of these de-
partments may often interjoin and
at all times should support each 9TH
er; but until crime is detected and
criminals apprehended, the function
Of the judiciary can not be exercised.
It should remain impressive that 1t
may preserve its duty of impartiality.
If the executive departments ap-
prehend criminals and violators of
the law, and upon proper evidence,
the courts fail to convict and punish
the miscarriage of justice is the fault
and the proper subject of criticism
Of the judiciary.
| maintain, as a proposition of law,
that the primary responsibility for the
enforcement of a State law in this
county, which includes the city, is
with the sheriff and board Of county
commissioners; and, secondly, it is
with the mayor and board of alder
men of this city. | do not mean in
the trial conviction and punishment
Of criminals, but the investigation,
discovery and apprehension of them.
In BOuvier's law directory it is
said that a sheriff is "a county Off
Ger, representing the executive and
within his county,
The Supreme Court of the United
States, in defining the powers and
duties of the sheriff, at common law,
declares:
AS conservator of the peace in his
county or baiIiwick, he is the repre-
sentative of the king, or sovereign
power Of the State for that purpose.
He has the care of the county, and
though forbidden by Magma Charta
to act as justice of the peace in
trial of criminal cases, he exercises
all the authority of that Office where
the public peace was concerned. He
may upon view, without writ or pro-
cess, commit to prison all persons
who break the peace or attempt to
break it; he may award process OF
the peace, and bond anyone in recog-
niZanCe-tO keep it. He is bound, eX-
ottfciO, to pursue and take all trail
tors, murderers, feIons, and other
INSIDERS, and commit them to jail
for safe custody. For these pur-
poses he may command the posse
comltatuS or power or the county !,
and this summons, everyone over the
age of Is years is bound to obey
under pain of fine and Imprisonment.
In his ministerial capacity he is
bound to execute all processes issuing
from the courts of justice. He is
keeper of the county Jail, and an
swerable for the safe keeping Of pris-
oners. He summons and returns
Juries, arrests, imprisons and exc
cutes the sentence of the court, etc.,
etc
The powers and duties Of conser-
Tator of the peace exercised by the
Sheriff are not strictly judicial; but
he may be said to act as the chief
magistrate of his county, welding
the executive power for the preser-
Fatlon of the public peace"