El Paso herald. (El Paso, Tex.) 1901-1931, 1916-05-27

4.
suits against the International
4 club and the West Texas club L
in the name Of Don johnson, your chief
Of police, will close them in one nour
after the suits are dismissed I an IS
willing TO save the taxpayers 500 Der
suit as he pretends to be, and If he viii
dismiss those suits, III see that Don
Johnson keeps his word"
In this manner P H Marcum, special
prosecutor for the city in the campaign
social clubs OF the county, threw
down the gauntlet TO district
attorney ". ". Bridgers in
speech before the members Of the Fl
Paso County and City Democratic club
At the meeting in the Coles building
Friday night. Mr.. Marcum was dis
cussing the assertion Of 1IT. Bridsers
that II was the duty Of the police TO
close the clubs.
Brfdgers Afakes Politics of Subject.
For fully one hour Mr.. Narcum dis
cussed the prosecution of thz social
clubs He declared that Mr.. Bridgers,
through the medium Of q weekly Dubli-
cation. had plunged the subject into
politics It was the desire of the CITY
administration, he said. that the pros
ecutiOn Of the clubs be kept OFT Of Doli-
tics and that the suits wers not insti-
tuted to further the cause Of the FL
PasO County and City Democratic club
or any Of its candidates. but because
the men in the city council had made
promises before their election that they
would close them. am II was only in
7urtherance Of their covenant entered
into with the people Of the city that
they were now engaged in the work
1t was those who have been giving
their moral support and their names 10
these clubs who have brought the mat
ter into politics and we now face the
issue" he declared
Pays Tribute TO Groom
Mr.. Marcum stated that if Mr.. Bridg-
county attorney c. W Groom and him
SELF (Marcum) he would be badly
fooled Nj. Groom had been of mate
rial assistance in the prosecution Of the
high tribute TO Mr. CrOom's honesty
and integrity. They were working in
complete harmony. he said
In answer to M Bridgers's assertion
that the law does not make II manda-
tory for the district attorney OF county
attorney 10 institute suits against
clubs, he declared that the highest
court in the state had declared that
1gatory and mandatory for these off
GERS 10 prosecute clubs operating in
violation of the state laws
The Law Means Must
at is true that word may is there,
but listen TO what the highest court in
may" said Mr.. Marcum- Here IL is
The rule in the construction Of statutes
IS universally established in the courts
Of common law that the word may
means must, whenever third persons. or
the public have an interest in having
The act done. or have a claim dejure
that the power shall be exercised / am
quoting from Rains vs. Herring IS
Texas, page ass, fifth S. ". 36s. When
ever the word may appears in the
statute which pertains TO a public in
lerest or TO an interest affecting a
third party, the highest court in your
state has said that may is construed 20
mean must and. therefore, in the light .
Of that il is the duty OF the district at 4
tOrLey, and it is the duty Of the county j
attorney TO institute injunction suits I
against those who violate the revenue I
law OF the state and II is obligatory, L I
5 mandatory and there is no escape I
from It and in that Mr. Bridgers IS Ger I
tainly answered"
The people are presumed 10 know I
the law. and I'm giving this for Mr.. ". /.
". Bridgers's benefit he added.
Police Cannot Initiate Injunction.
Mr. Marcum called attention 20 Mr.
Bridgers's assertion that II is the duty .
OF she police to make arrests in cases !
OF violations Of the liquor laws by the
social clubs Il lay down this PROPOSE
ton" he said. IF Billy Bridgers can
cite me one single case in all his juris-
prudence where the police have ever 1
a corporation operating under a char
ter issued by the state, I'll quit The
constitution of Texas and of the United
States says that a person shall not be
Of his property without due Z
process Of law II would be unconsti-
Jutional for the police TO bring an in
Junction Here is what the police NAV
do II armed with a proper warrant Z
they may 90 out and seize an offender
and bring him into court, and they may
90 out and arrest the man in charge
FOR selling liquor. But thus far and no
further can a policeman 20. II he
could 90 further, the clubs would have
been closed long ago
The Law As It Is.
mr. Bridgers says that il is useless
% bring these Injunction suits in the {
district courts, that the handling OF
the club issue is a matter which is I
wholly within the Jurisdiction of the (
police department I lay down the (
general proposition 10 Mr. Rrideers
now, through the medium Of the pub
nc press, that il he can cite to me I
me single case, one single instance in I
III the history Of the Jurisprudence Of /
he state of Texas. where the police !
-o-ce has ever been called upon as a |
us tier Of right to close OF to shut
loWn the doors Of an incorporated