The Taney County republican. (Forsyth, Mo.) 1895-1992, 1910-08-04

fellow attorneys. No reputable
attorney will run around hunting
up cases and a prosecuting attorney
is in no different position in this
respect from any other attorney.
When an attorney is elected pros
ecuting attorney he does not lose
his standing as an attorney, he is
simply made a prosecutor. He is
not supposed to run after cases any
more than he was before. When
case is placed in his hands he is
supposed to prosecute it to his full
ability, and in this particular the
Democrat has not and cannot
point to any deriliction on the part
of the present prosecuting attor-
ney. But it should know, if it
does not knew. that an attorney is
is never elected prosecuting de-
tective.
How then are violations of law
brought before the courts? in
two ways, by indictments by the
grand jury and by informations
filed by the prosecuting attorney
on the complaint Of some citizen.
After these complaints are made
or the matters brought before the
grand jury the duties Of tide pros
ecuting attorney begin. But it is
no more, no, not even as much,
the duty of the. prosecuting attor
ney to hunt up violations Of the
law than of the private citizen.
After the cases reach his hands the
prosecuting attorney is open to
censure if he does not prosecute
the cases with all vigor. If the
editor of the Democrat or any
other citizen knows of any viota-
tion of law he IS not doing his duty
as citizen if he does not lay the
matter before the grand jury or
prosecuting attorney. And again
we repeat the assertion that if any
one knows Of a violation of law
knows it SO that he can hold up
his hand and swear to 1.-THE Off
cials of fancy county will do their
duty.
According to the inference Of the
Democrat, the prosecuting attor-
ney should come to Branson and
camp. In our minds eye we can
see McConkey or Col. Ford, or
Wilson hiding behind pile of
cedar posts with 3 spy glass in his
hands watching certain houses, or
disguised with long whiskers and
sneaking around buying a drink in
order to get evidence, but we don't
expect to see it in reality. For
such conduct would be unprofes-
sionalsin an attorney and we do
not believe any of thern would be
guilty.
AS to the circuit judge, he is not
supposed to gather evidence nor
prosecute. He simply passes up
on the law aud leaves the evidence
to the jury, unless the caae is tried
by the court without 3ury. aud
then he passes upon both law and
evidence. Neither is he supposed
to pass upon them from spirit of
prejudice or likes or dislikes.
Judge Moore hass always passed
upon a case according to the law
and evidence The temperance
people do not want a Judge who
will be fanatical in his rulings, foz
If he was the cases would be re-
versed by the higher courts and
the good effects be lost. All they
can ask is that Judge do his duty
impartially and this Judge Moore
has always done. What the whis-
key people want is judge that
will favor them. And there is this
difference, criminal case that is
decided against the defense can be
appealed and one that is decided
| in favor of the defense cannot
Hence the violator of the law has
everything to gain and nothing tc
to lose by having fanatical Judge
no matter which way his fanati