The Sentinel=record., 1913-03-25

 are our officials. Whether we yot- ed for them or not. majority of our fellow citizens did It should also be remembered that it is a very diff iicult matter to enforce law. without the aid and assistance of wholesale public sentiment to hold up the off oial's hands whenever he honestly tries to perform his duty.
 As grand jurors We should be very careful in proceeding against a public oftieial to lay all politics aside, to let no feeling of partisanship or bias control us, to apply the same plumb to an official who may be a political enemy, that we would ap- ply to an official who was our per sonal friend. Go slow, but sure.
 Be certain that you are right, that you have ample evidence to con vict. Unless you develop this evi- dence in the grand jury room, be sure that the state will not be able to make out her case. 1 do not want this grand jury to return any indict- ments against officials that cannot be sust tained by the proof ample proof
 With these general remarks on our officers, l shall now call your atten- tlon more particularly to the law pre- scribing their official duties, with the penalty for violation of the same. Under the common law, which has been adopted as part of our Jurisprudence, when not altered or modified by statute, one in office is indictable, if he wilfully or corrupt ly neglects or declines any official duty, equally whether prescribed by the written law or by the unwritten (Bishop Criminal Law. Vol No, No i6S,)
 Section 2, Article '. of our state constitution reads as follows
 The circuit court shall have juris- dicrion upon information, present ment or indictment to remove any county or township officer from of. fiee flor incompetency. corruption, gross immortality, criminal conduct, malfeasance, misfeasance, or non. teasance in office"
 In a decision rendered by our Su. preme court, the following delini- tions of non-feasance, mis-feasance and malfeasance are quoted with ap- proval:
 Non-Feassnce In Office.
 N0n.feasanoe is the omission of an act which person ought to do Misfeasance Is the improper doing Of an act which person might law fully do: and malfeasance is the do ing of an act which person ought not to do at all
 There Is q chanter. numbered 46. Sections 1872 to 1890, in elusive, of Kirby's Digest on the subject of malfeasance and misfeas- ance in office and extortion. which, l give to you as a part of this charge without reading in detail
 Should you find 1t necessary to investigate more particularly the du- ties which the law imposes upon the mayor, chief of police. sheriff, and with the penalty imposed for the neglect, failure. or refusal to perform such duties. l shall briefly call your attention to the law relat. ing to each of said officers.
 The powers and duties of the may. or in cities Of the first class. to which Hot Springs belongs. are clearly de- fined in sections 56fS to 5617, inclu. sise. of kirby's Digest.
 Duty of the Mayor.
 The city ordinances of Hot Springs against gaming and gamb- ling devices are substantially copy of the state law gon the same subject, except that the punishment Imposed ls not so great in some instances as that ftxed by the state law.
 As the chief executive officer of the clty, t is tue special duty of the mayor e cause the ordinances and