The Sentinel=record., 1913-12-16

sworn officials, under their oath Inf Inf. nee to decide, as they feel the cir cumslances in the case, the dignity of the law and the public necessity of the case demands With this opinion as voiced by Mr. Bouic this Court is In hearty accord and agreement.
 Al common law the matter of en. terinS nolle prosequi rests entirely within the discretion of the Prescott. ing Attorney and leave of the Court is not necessary Cyc. page 370.
 Section 22S3 of Kirby's Digest of the Statutes of Arkansas, however. provides No attorney for the State shall enter mol pros on any ndict- ment, or in any other way discontinue or abandon the same. without the leave of the Court in which such in dictment is pending being first en.er- ed on the minutes
 Under all ordinary circumstances leave of the Court to the Prosecuting Attorney to mol pros a case is grant. ed as matter of course and without question. Being a judicial officer of the State, elected by the same cousti- tuency by whom the Circuit Judge is elected and being responsible to the same constituency, having taken the same oath of office as the Circuit Judge has taken, and having by law been placed in charge of all criminal prosecutions, having the right to be present in the grand jury room and 10 examine witnesses and also having access to the grand jury notes in each and every case the law presumes that the Prosecuting Attorney would be more familiar with the evidence in each case than the Circuit Judge and far better able to determine whether a prosecution can be prosecuted to a successful termination in the Circuit Court
 "Inasmuch as his fees and emom. ments are wholly dependent upon COIL yictions had in each and every ease prosecuted by him it is to be pre- sumed that under all ordinary crcum- stances the Prosecuting Attorney would not pol pros a case in the Cir cult Court, provided he had any req sonable prospect of securing con viction.
 Approaching these facts. since went on the bench almost three years ago l have never ye' denied the re- quest Of the Prosecuting Attorney toI mol pros case, although l realize that it is within my power and would under certain circumstances be my plain duty to do SO
 The question which now presents itself 10 the Court is whether or not the Prosecuting Attorney in these two cases has abused his judicial discre- ton in entering a moi pros and whe h. CT or not it is the duty of the Judge of this Court for the first time in his history to exercise the power within him vested by law and to refuse to permit mol pros to be entered.
 The Prosecuting Attorney has seen fit to file with the Court a statement in writing setting out in extenso the reasons which have prompted him Q take this action in these cases, ac-' companying said statement with pe.i- tious addressed to him as Prosecuting Attorney and purporting to have been signed by more than twelve hundred qualified electors of Garland County, composing many Of the best citizens of said county and many who have always advocated and stood for strict enforcement of the criminal law.
 With reference to these petitions. although the number and the charac- ter of the petitioners challenges the Courts respect l deem ii my duty 10 say that petitions should never be ad- dressed to a judicial officer with the intent to influence, guide or control him in the discharge of his official duties.
 "The enforcement of the law is not to be regulated or controlled by peti- tions
 "Otherwise, every time man were accused of crime he would circulate netition and the more popular he hap pened to be the more successful would he be in evading the law.
 "When I say this 1 refer both to pe- ttions in favor of mol pressing these indictments and petitions against such action.
 "In this connection l will state that several of our best citizens, evidently moi appreciating the improprety oi tbeir actions. have urged me personal ,v not to permit these cases to he mol nrossed The only purpose for which tbis petition can be considered by the Court is the fact that more than tweIve hundred qualified electors ot Garland County have signed their names to a statement to the efteCt that the defendant in these cases 's heinz prosecuted not because he failed to enforce the law but because he had ondeayorad to enforce the law against pambling (and thereby incurred 'he onmity of the gamblers) and was ih- ernntial in having the Felony "aili'