The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1914-04-03

enforce the laws within the coun-
| ty. There is absolutely no ex-.
cuse for any sheriff permitting
open violations Of law in has
county and whenever open nuis-
ances are found, it is a reflection
on that official.
The state e attorney has an
important function to perform
in the enforcement of the law.
It is has duty to institute pro-
ceedings before magistrates for
the arrest Of persons charged
with or reasonably suspected by
public offense when he has in
formation that such offense has
been committed. He cannot simp
ly wait until a complaint is made
Before magistrate or until some
one complains to him, but he is
supposed to act on his own initia-
tive where he has actual know
ledge that crime has been COM
m;tted. He is not to resolve him
self into a smelling committee,
necessarily, yet many Of our very
best states attorneys often ac-
company the sheriff in making
important moves i'm law enforce
ment, or 60 alone in order to
make personal Investigations.
But the latter is the rare ex-
ception to the rule. Many state s
attorneys refuse to set the law
| i'm motion unless formal complain
is made in writing. Oral COM
plant will not suffice. Even
when it is reduced to writing, it
;is then hard at times to get
speedy action.
The district judge, likewise, is
a very Important official in the
enforcement Of law. His powers
are not fully understood by the
public. When a district judge is
apologized for by his friends,
they say that all he can do is to
rule on questions of evidence,
maintain order, and instruct the
jury, but that he does not enter
into the actual trial Of the case.
This is far from the truth. There
is, a district judge in this state
who once upset the plans of the.
defense when the prosecuting or
complaining witness had a sud-
den great lapse of memory and
} did not know or, could notfsre-
M mbtr, or who had lost the sense
Of taste and could not tell an in
toMcant from water, or who re-
fused to commit himself on a
vital point. The judge ordered
the witness to be committed to
the county Jail for contempt.
The sheriff took him away and
as the iron bars appeared before
the witness, his lapse Of mem
ory vanished and his sense of
tAste rttulned with remarkable
spetd. The defendant was con-
Nlct.d.
FOR two decadts it was inn
possible to enforce the liquor
laws Of the state in a certain
Judicial district principally on
account Of the judge. when
the prosecuting witness could not
RENE mber whether ne drank
beegze or the elixir Of the gods, he
wasspermitted. to get away with
his perjury; and; the defendant
would be dismissed asa matter Of
course. This happened not only
once, but 100 times or more until
the machinery Of the district
court in that particular district
became notoriously. a friend Of
!! violators Of the hw. There has
!! been aschange in district Judge by
the involuntary retirement Of the
judge. just recently in the same
!. district ana before the y present
I judge. q jnry returned q ysr-
dict Of not guilty in q liquor pro-
Isecation case wherein no defense
Ewas3intt rposed and the proof was
decidedly incTiminating. With
1.-THE former Judge that would be
Eaccepted as q matter Of course,
hut the present judge took the
jury to task and scored them
lin no unceatain manner for not