Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1915-04-06
JUDGE HOPKINS DELIVERS
HIS CHARGE TO The JURY
Continued from page ID

sale of liquor without doing 50. so. aside
from the question Of such business being
absolutely in defiance Of the law. il i not
Just. not fair tn those who do comply with
the requirements Of the law. and who are
under responsibility to the law. There
fore, charge YOU 10 investigate this mat
ter carefully and fully. and, in this con
n%cction. II will be your duty To investigate
the licensed saloons of your city and cnun-
~ with 4 view to ascertainiug whether they
themselves are living up to the laws Of the
state; IL ascertain whether any Of them
having been either keeping open or doing
business ION the Sly.' within prohibited
hours; whether any of them have been
selling liquor to minors ar lewd women
whether amy Of them have violated the
Sunday law, or any of the other laws per
tanning 10 their business. III YOU find that
they have II J. your sworn duty to pre-
sent them. | also desire YOU To investigate
Il ~o-callcd prize fight that was recently
pulled off" in your midst. Ii "A prize fight
was pulled on then under the law all
the participants il it were guilty Of a vio-
lsAAi'i ~ ~ INV. dhN ~H'Nil w Hftu
amendable To the law. Ii makes no differ
encc what our individual views might be
on the subject. nor whether we individually
approve Ut such a law, ii l. the LAW Of
our state nevertheless, and. n such. ought
a. BE- enforced, and N J. up to YOU To do
Your part towards enforcing Il.
II charge you To- investigate the di-orderlv
houses 81 this community. whether same
be houses Of prostitution, gambling dens
or what not. They all come in the same
category and are prohibited by law abso-
lutcly. There can be no authority or
license a any character that will authorize
them to exist. They simply do - by the
>uilrancc Of officers, whose duty It i 10
put them out Of business.
An oath. which every public official
takes:
~ do ~olcmnly swear or affirm that | will
faithfully and lmpariially discharge and
perform MI the duties incumbent upon me.
according To- the best of my skill and abll-
ity. agreeable to the constitution and laws
of the United Sattes and Of this state
I'm this oath prescribed by the consti-
tuior. the official says 4 will. not i may
Tie al>o promises to act 'impartially' not
choosing between offenders because Of To-
calIty. He furthermore agrees to discharge
his duties I'm accordance with the laws of
Tins state. not substituting practices which
are technically and flagrantlv illegal.
1.-THE officers who subscribe 10 this oath,
and whose duty it J. Ia enforce the enact
mcnt~ of the state legislature in reference
~ 'di-ordcrly houses are specifically
named m the Penal Code on 'Ofcn~eS
Against Public Morals. Dcccncy and Chas-
thy This %artirlc says: 'Sheritf- and their
deputies. con~tablcS and their deputies.
mayors. marshal~. chiefs NJ police. their
deputies and assistants. and policemen Of
towns and cities are especially charged
diligently ~ discover and report to the
proper legal authorities. and by all lawful
means to MD ~ the enforcement Of the law
for all violations at the articles of this
chapter. the district Judges are required
~ give them specially in charge t. the
grand %iuricS. and grand iuries are re
quirrd Al every term Of the district court
of their county ~ call before them each
and all officers charged with the enforce
mcnt 1T the articles 1T this chapter. and
to examine them under oath touching their
knowledge and information Of violations
thereof. and ~ ~ their diligence IN their
enforcement
EVERY policeman IN this city or any
other city IN this state v thus charged
diligently e. discover and report II j.
mandatory upon him ~ do -. II " not
optional with HIM. Ii J. his especial duty
a. report every di-ordcrly house of which
~ has knowledge. The statute does not
grant immunity 10 offenders on one side of
\ given line and intlict severe punishment
on offenders of the same class ON the OPP
nu~itc side. An official who knowingly
fails "a report any 'di~ordcrly house no
matter where situated. violates hi oath
~ faithfully perform all hi duties agree
able to the law> of this state.
1.-THE penal code Of the state Of Texas
contains cnactment~ on the subject Of the
social evil cmbodying the highest ethical
ideals 1T the people. and designed to sup
press Il. These enactments n written on
the statute books are mandatory upon Of
hcial- concerned in the administration If
the criminal laws of the state. Criminal
statutes are in no sense optional. The
segregation Of wee has but one meaning
a compromise with crime. Does it mean
ANYTHING else hcrcs III the silent ac-
quieSence IN these practices elsewhere re
suited in evil. IT results the same in TIN.
city.