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

Attorney General. any District, County
or City Attorney, or any five or more
qualified electors Of the county,
The possession Of federal license to
transact any unlawful business should
be evidence to the same extent as in
criminal prosecutions under existing
statutes.
The bill already drawn along the lines
above suggested follows an Iowa statute
which has been declared constitutional
both by the Supreme Court Of Iowa and
that of the United States. Upon the
points involved, the constitution of Iowa
is the same as ours.
Srd a law declaring a beverage to be
intoxicating which contains as much as
one-half of one per cent alcohol.
The effectiveness of such law
against certain class Of evasions and
violations is evident without argument.
4th A law authorizing the summary
removal by the Governor Of any Mayor,
City Commissioner, Alderman or other
municipal official, who, by ordnance,
proclamation or other official action or
conduct or by persistent neglect Of duty
nullifies or aids and abets in the nullifi-
I cation Of any criminal statute Of Ten
nessee.
The Governor could not constitutional
ly be empowered to remove from office
Sheriff, but he can be empowered by
statute TO remove from office any off
cial Of a municipality. A municipal cor
poration is the creature Of the State.
Every municipal corporation in Tennes-
see is created by legislative act, and not
by constitutional provision. The crea-
ture is not greater than the creator. 1t
is the height Of governmental absurdity
for municipal corporation to set itself
up in rebellion against any duly enacted
law Of the sovereign State, as is now
being done in Tennessee The State OF
Ohio has such a law as the one under
discussion, and Governor Harmon has
made conservative and effective use of
it within the last two years. AS / now
recall, several other States have laws
which reserve to the State the right and
power 10 protect its own enactments
from the contcmptuous notification Of
infaithfu city officials. The State of
Alabama has very strong statute, UNI
der which the Governor may and does
ron,o,o darnI;ot officials
There is but little danger that any
Governor would abuse this power.
9Th. 1t has been proposed in one bin
already introduced in the General AS
sembly that the Governor be given con
troll of the police and fire departments
of the cities. This is more generous
bestowa Of power than any Governor
would want or than reason would die
tate. No Governor >0r other State Off
cial should be authorized by the Legis-
latme to have any control or supervis-
ion Of the purely local affairs of city.
There is no more reason why the Cover
nor should have control Of the fire de-
partment OF city than there is for his
control of street paving or the water
system These matters are altogether
local in their nature, but the criminal
laws OF the State of Tennessee are not
local.
If The author Of the bill in question
will eliminate the fire department fea-
ture, and model his bill after the Mis-
souri, statute which provides that the
Board of Police Commissioners shall be
composed of the Mayor, ex-officio and
two members appointed by the Governor,
the bill viii then be adapted to the end
contemplated. This Missouri statute Is
contained in Sections 9765 and 9766 of
the Missouri Code, and was, as | now
remember, the law which Governor Folk
used to clean up st. Louis.
9th. A law should be enacted making
it the duty Of the proper officials Of
every municipality, whether incorporat
ed by special act or under the general
law, to enforce the four-milc law Of the
State without the necessity Of the pass
age of a municipal ordinance
nth The Governor or Attorney Gen
eraI or both should be authorized to EN-
ploy special counsel to assist District
Attorneys General in the Prosecution of
violations of the fom-mile law. This
proposition is not novel, as said Off
cials already have the authority to EN-
ploy special counsel in specific cases.
The proposed law would merely enable
them to make this employment for
general line Of cases in a particular court
instead of for one special case. This
law would be helpful TO such local at.
torneys general as might appear to be
in need of either moral or legal support.
1t would not only give direct assistance
in the prosecution of cases, but would
enable the public to know the inside
facts as to the enforcement of this law.
This feature would exert strong influ
ence upon public sentiment.
18th. A general jury commission law
Of statewide application should be en-
acted 1t would prevent the shameful
packing OF traverse and grand juries that
is now practiced in certain counties. The
public welfare demands that no criminal
judge, elected by the elements Of law
lessness, should have the unhampered
power to pack and dominate the iuries Of
his court. Such state of affairs is a