The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1914-05-15
THE NUISANCE LAW.

THE NUISANCE LAW.
It is evident that the law against
the sale of Igor in Nashville is again
being openly violated. Visitors to
the capital city declare that 1t is not
. difficult matter to get beer and the
lighter drinks and whisky even can
be obtained. The city administra-
tion Of Nashville has no sort of SYM
pathy for the anti-liquor laws; that
fact is admitted. Mayor Howse has
permitted the notification of the law
for four years and he was rewarded
by an election by an increased major
ity for another four years. No as
sistance from him can be expected.
Judge Neil of the criminal court has
been active and vigilant, although a
bit too lenient in the imposition Of
sentences. Alone and unaided, how.
ever, we doubt If Judge Neil can alb
solutely enforce the law. If he had
The active and determined co-opera.
tion Of the sheriff and all his deputies
and the district attorney and consta-
hes he could end the illegal sale of
liquor. 1t would be much better,
however, If he had the active and 10y
n help Of the city administration, but
that Is not to be expected.
The governor Of Tennessee should
have power to remove city officials
who will not aid in the enforcement
Of the laws of the state within their
jurisdiction. We believe that a stat
ute of that kind would be constitu-
tionaL We doubt if, under our organ
ic law such power of removal can
be applied to sheriffs, constables and
constitutional officers, But the mu-
nicipality is creature Of the legisla-
ture, it draws the very breath of life
by the grace of the legislative grant.
Its officials should not be permitted
to violate and set aside the laws of
fits creator.
However, under our present laws
the municipalities do possess this
right or power of notification. It was
to meet just this condition that the
last legislature, under the recommen-
.dations of Gov. Hooper, passed the
nuisance law. That law authorizes a
number Of citizens to proceed against
the lawless saloon. The law has been
sustained by two of the ablest judges
In the state. 1t could be made an eff
fective aid in the enforcement of the
law. Now why isthe nuisance law not
invoked in Nashville? There are GER
tainly enough law abiding, patriot
ic, God fearing men to file a bin
against all Of the dives of iniQuity
that infest that city and which are
violating the laws of Tennessee. 1t
is their duty to avail themselves of
this opportunity. OF course the nui-
sance law imposes duty or an obi
cation upon citizens that should be
performed by sworn and paid officials
but where the latter will not act tht
people now have a remedy. They
should use it.
And it might also be stated in this
connection that the open sale Of
liquor in Nashville after period OF
comparative drouth, is not going to
make for harmony" in the democrat
ic party. The people of Tennessee
are determined to end the sale of
liquor in this state and woe betide
the political machine that attempts
to thwart them in this holy, purpose.
The officials Of Nashville and David
son county who are permitting the
sale Of liquor are simply making more
certain the reelection Of Gov. Hoop
or and with him legislature that
will pass some "law enforcement"
bills that will have sure enough teeth
in them.