Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-05-18
ATTORNEY GENERAL SENDS HIS
INSTRUCTIONS TO ALL coUN-
IN ATTORNEYS.
TRIES TO SHIFT BLAME.
10 REPUBLICAN, PARTY
calls Attention to Laws and to Party
Platform Declaring For Enforcement
Of Al Statutes-Nesleet OF Duty IN
less Sunday Observance Laws Are
Enforced, Havner Tells Prosecutors.

Special to Times Republican,.
Des Moines, May 1S.--Attorney Gem
erai Havner today gave out his letter
to be sent to county attorneys over
the state with reference to the en-
forcement of the Sunday laws. He
points out that the republican platform
on which the law enforcing officers OF
the state were elected declared for law
enforcement, that Governor Harding
called to the attention Of the legisla-
ture that it would be responsible for
all laws left on the statute books whep
lit adjourned and that as state and
county officers it Is now the duty to
enforce the law.
Numerous inquiries have reached
this department with reference to its
latitude toward enforcement of what
la. commonly called the Sunday law
debates the attorney general in his
|letter.
Il deem it proper, therefore. at this
time to- write you with reference to
|lhis matter, and as to the policy Of
the department of justice with refer
fence thereto.
Puts Responsibility on Party.
TN this connection l first call your
attention to- the fact that the repuo-
|lican platform upon which the law en-
forcing officers of the state were elect
ed provided:
. 4" We stand for vigorous enforcement
Eof all laws and unequivoeally pledge
our candidates to that policy
& ~Governor Harding in his inaugural
address delivered Before tne members
of the Thirty seventh general assem-
bly,, Jan. II, 1917, said to the members
thereof:
(, YOU will be responsible fora. he ex-
istepce Of every statute which shall be
in. effect when you adjourn and as
fully $50 as If you. had enacted it
originally. The, question of law en-
Fforcernents rests primarily with, this
Legislature, for, as far ais It lies In the
power OF this ADMINISTRATION no Of
ficer. shall usurp the power OF repea,.
by inaction, or resolve any DOUBTS
against the wisdom or virtue Of the
law which shall remain upon the STA
tute books when you shall have ad-
journed'
The attorney general then cites in
his letter the sections setting forth the
duties Of the county attorneys and the
state attorney general to enforce the
laws.
"The statement made by Governor
Harding in his inaugural address, as
above set forth, can leave no question
as to what the attitude Of the law en-.
forcing officer must be- says the at
ftorney general, mot only as to The
laws passed by the last general as
sembly but as to those enacted by
prior general assemblies which were
left on the statute book.
"The statutes covering your duties
as county attorney and my duties as
attorney general and the 6athsl which
we. took leave no question as to the
duties and responsibilities which de-
volve uponsus
Soon after l took my oath of office
and before the legislature convened an
appeal was made to me as attorney
general Of this state by certain labor
ing tclasses-- and also by those inter-
ested in the enforcement Of the Sun
day laws from va moral standpoint
asking that the law with reference to
Sunday closing be enforced I declined
at that time to undertake the general
enforcement of the Sunday, closing law,
first, because there had been no gen.
eral effort made to enforce the same
for more than fifty years, and second.
to begin general program of law en-
forcement where the statute had re-
NAMED inactive for so many years and
violations OF the same were being In
dulged in asa matter Of lcourse would
be unnecessary when the legislature
was to meet within very short time
and they could have an opportunity to
reconsider the law and repeal or make
any amendments which they, as rep
resentatives Of the people, In their
judgment might deem best.
THE legislature attempted In good
faith to repeal this law and to make
some notifications OF the same. The
senate passed bill providing for some
changes but the house failed to con-.
cur.
"a was interviewed by members Of
the Legislature both from the senate
and from the house, as to whether It
would be the policy Of this department..
II the law remained unchanged, to un-
dertake to enforce It. and 1T was made
perfectly plain to them that unless the
law Was repealed or modified an hon
.es. effort would be made to enforce It.
Expects Criticism. n.
4 TT may be that In attempting to
enforce this law we shallsbe the sub
ject ofs.criticism. However that may
be, our duty Is clear and even tho 1t