Carroll County democrat. (Huntingdon, Tenn.) 188?-1971, 1913-01-31

any political party Neither the lega'.
lied nor the inwless salobn has any
politics. The lawless liquor interests IN
Tennessee have shown a willingness at
all times to eo-operate with whatever
party or candidate would best subserye
their purpose The unmolested violation
Of the law. In State politics, 1t has
been their custom to support the So
called regular Democratic organization,
but in some counties, they have stimuli
taneously supported Republican candi-
dates for local offices.
In the cities and their respective eolln-
ties, where these conditions have re-
suited in the election Of officials to see
that the law is not enforced, rather than
to enforce it, the State is powerless to
intervene in any way to prevent the
dishonor of its laws The Governor, ac-
cording to the opinion Of the Attorney
General and other learned lawyers, cam
not invoke the use OF ihe State militia
to suppress the lawIess saloons, so long
as their lawlessness does not involve the
violence and rebellion contemplated in
the constitution. Neither the Governor
nor any other State authority has, at
present, the legal right to assist the
local authorities in the enforcement OF
any criminal law, aside from the power
of the Governor to offer rewards and the
negative right to decline to abuse exec,
utive clemeney in behalf Of any class
Of offenders. The Governor and Attor-
ney General may also jointly employ
counsel to prosecute special cases.
Perhaps the Chief Executive Of Ten
nessee now possesses less constitutions!
and legislative power for the enforce
ment OF the law than the Chief Esecu-
tive Of any other State ID the Union
In view Of these facts, the conclusion
is inevitable that additional legislation
is necessary to- save the laws Of the
State from notification in the cities Ell
our Commonwealth.
Doubtless some members Of the Cen
eral Assembly have IN mind bills thai
will meet the desired end. Several Olils
have already been introduced and sew
eral Legislators have declared their in
tention to vote for additional law en-
forcement legislation, although they did
not favor the Statewide four mile law
as an original proposition. The good
faith Of their declarations has been
questioned in some quarters, but com
mon fairness demands thaHthey be given
the chance to show their faith by their
works. ! can easily see how man
might have doubted the wisdom Of the
enactment Of the -Four Mile Law, and
yet be emphatieally opposed TO its repeal
and strongly in favor Of enforcement leg
islaton. To such men in any party as
believe that the honor Of the State must
be INDICATED by the enforcement Of this
law, appeal for legislation.
To you it has been said that, per-
haps, the Governor would not utilize
additional power, if it were conferred
upon him. My only reply to this is that
it would be justice to me, to the people
who elected me and to the State at large
to place upon my shoulders this respon-
sibility. The Legislature would then
have performed its own duty and left
me to answer to the people.
Be it understood, that | am not APP
pealing for additional executive power
merely for the sake Of power. For this,
am not ambitious. 1t would be worth
nothing to me or any other Executive as
an individual. The Constitution Of Ten
nessee says that THE Governor shall
take care that the laws be faithfully
executed This is not self-executing
provision, and | am asking the Lcgis-
lature to enable the Governor Of the
State to comply with this constitutional
requirement.
It will be observed, moreover, that the
legislation herein recommended does not,
as rule, propose to add to the power
Of the Executive, but several bills are
intended to strengthen the law in a gen
eral way and to give the courts further
facilities for its enforcement.
In such instances as it is suggested
that the Governor be clothed with added
power, the suggestions are by no means
novel, radical or unreasonable. They
are such laws as have been enacted in
other States, and are not out OF har-
mony with the spirit of our institu-
tions.
In view of the premises, | recommend
the following legislation
First-An Act to authorize the re-
moval Of county and municipal officers
for misfeasanee, malfeasance or non
feasance in office.
This Act should confer jurisdiction
upon the Circuit, Chancary or Criminal
Court of the county in which such Office
is held
1t should authorize such petition to be
fled upon the relation Of the Attorney
General, the District Attorney, County
Attorney, or City Attorney, according
to the office affected, and upon the re-
latioR Of five Or more qualified electors
and taxpayers Of the county or city,
upon their giving security fer costs.
The Governor and Attorney General,
or either of them, should be empowered
to direct the proper official to bring such