The Caucasian. (Clinton, N.C.) 188?-1913, 1910-06-23

| VI the stale does
not define his duties, so xelI recog-
nized were they at common Law The
statutes of the State have smuo~aa
upon him many special duties. but
nowhere have they abrogated his
duty az the executive head Of hi.
county and the conservator Of f.m
peace. Every infraction OF the Lag
10 against the peace and dignity OF
the State"
III homicide, burglary, highway
ROBBERY, arson. or other crimes are
committed within this county. al
though the perpetrator be no,
known, on whom rests the respon-
Sibility to apprehend. IL possible. the
author OF the crime, the sheriff or
the private citizen? The asking of
the questions answers itself.
The prohibition law IL a State Law
It's violation Is an offense against the
State. not the city.
1t Is the common Law duty of the
sheriff, and his deputies, where they
nave reason TO believe that there Is
violation Of law TO suppress IL. IL
| possible. The common law RESPONSE
pility has been revoked by no legis-
lative enactment. It Is the clear pur-
pose of the Constitution and statute
law of this State that he shall en-
force, as the conservator OF the peace,
the statutes against the sale of
| liquor. 1t is written in the Constitu-
ton OF the State, that IL shall be
unlawful for any person or persons.
firm or corporation to manufacture
| or in any manner make, or sell, or
otherwise dispose of, for gain, any
spirituous, vinous, fermented Or
malt liquors or intoxicating bitters
within the State of North Carolina;
q. that all liquors Or mixtures
| thereof, by whatever name called,
that will produce intoxication shall
be construed and held to be intoicat-
ing liquors within the meaning of
| this act;" that while registered phar-
macists may sell intoxicating liquors
| by prescription, they are required to
| keep a record of the names of all
| persons to whom sales are made and
the names of physicians writing the
prescription, (which said record shall
| be subject at all times to the inspec-
| ton of the solicitor Of the district,
| the sheriff and other peace officers of
the county, the mayor and police
officers of the city or town in which
said licensed and registered pharma-
| ciSt'S business is located"
1t is prescribed by Sec 1888 of
the Revisal that sit shall be the
duty of the sheriff and his deputy
and of any police officers to search
for and seize any distillery or appa-
ratus used for the manufacture of
spurious liquors in violation of any
State law; and, cit shall also be the
duty of such officers to destroy any
materials in use. or to be used, found
at any distillery for the manufacture
of intoxicating liquors contrary to
law" If he fail or refuse "to use
due diligence in the execution of the
provision of such section, after being
informed of violation thereof" it is
prescribed by Sec. 1926, of the Re-
visal, that ''he shall be guilty of
laches in office and such failure be
cause for removal therefrom.
These sections are quoted, first,
because the writer is advised by an
official of this city that there are
grave reasons to suspect the exist
ence Of distilleries in this county,
and because they negative the idea,
if suggested, that the legislature has
ever purposed to limit the sheriff
authority to investigate offenses
against the liquor laws of the State
1t is the duty OF the sheriff to keep
himself advised, and he has deputies
to aid him, as to the conditions of
his county in respect to the Observ-
ance of law. He cannot shield him
self behind the breastplate of official
ignorance. 1t is his business to be
informed It is a matter of common
knowledge based upon the most OBJ
vious evidences that the prohibition
laws are being violated in this coun-
ty. His duty is to procure the evil
dence upon which to arraign and, if
possible, convict the violatOrs. 1t is
DIS nuCn HIS uuIy III ILLS respect DIS
if burglaries were known to be hap
pening night after night and high
way robberies were being committed
day after day in this county, to take
!notice of the fact and endeavor to
arrest the criminals.
The office of the sheriff is a digni-
fed and historic one. What the king
is to the realm, the President to the
Nation, the Governor to the State,
the sheriff is to the county. He has
duties and powers, the official heri-
tage of Anglo-Saxon law, not written
in statutes; and, as the executive of
the county, he is the foremost citizen
to enforce the law and thereby con-
Iserve 1.-The peace and dignity of the
/ State" He is something more than
a process server. He is something
more than a tax collector. He should