Five Mile Beach weekly journal., 1917-02-23
PROSECUTOR
COLES F0REW0RD
The New Officer Favors PitiIess
Publicity and Warns ali Vio-
Iators Of the Law That the
Statutes will be Enforced
SLOT MACHINES MUST Be DISCARDED

OkUt II1OllitkO ilOOi III
An American statesman of nation
wide fame who was a close and ana
lytic observer of public life, has left on
record The statement that the Ameri-
can people ss a whole can always be
safely trusted TO do the right thing in
any matter they clearly understand.
Thence arises the moral that they
should be given the widest possible
knowledge of all public conditions.
In this view the writer fully shares;
believes that the errors aud wrongs
which are prone to creep into the body
poliiic, and by some good citizens are
believed at times even to becloud the
sky of justice, cannot exist when the
people as a whole are clearly apprised
of the truth.
In the writer's belief publicity, open
and pitiless, is the antldote and cure
for most of the evils which aft. ct the
public welfare under a government
which lodges the ultimate power, even
the power to correct, in the hands of
the people themselves.
Hence, in assuming the duties of the
qua-i.judicial office whose oath he has
taken, be feels it due to hat public
whose agent he becomes, and TO him
self as well, briefly and frankly to refer
to a few salient matters of common
interest wherein a plain statement now
may avert some errors hereaf er.
1t IS a m impre sion that the
Prosecutor of the Pleas is the sole, or at
least the most responsible enforcer of
the criminal law; is solely charged
with the instlgation of criminal pro-
cesses, aud hence is chargeable with
any failures OF omissions airing there
in. This is an error. Under our GRIM
inal code all judges of criminal courts,
justices of the peac mayors, recorders.
police justices and all officers havi, &
the powers of &C committing magistrate,
sheriffs aud their deputies, coroners,
constables, and police, are peace Off
GERS; upon each of them is imposed the
duty of enforcing the criminal law of
the state. 1t is a duty not n of them
can refuse, ignore or evade, without
himself mourning a criminal liability.
It is imposed upon them and each of
them by both common and statute law
and is u solemn obligation by each of
| fhnno xrOlyrvfx rflu ipnrrraI x,1on ho
took the oath of office.
All public office is a public trust, and
our criminal law holds to strict account
every man who assumes it. No public
officer may neglect or avoid any duty
imposed by the law and by him as
sumed; and every such neglect or fail
ure, as well as every maifeasance or
misfeasance in office, is indictable in
this state.
Not only is this the common law, but
the crimes act specifically provides that
whenever the mayor or chief e executive,
the chief OF police or other head officer
of police in any municipality is mott
fed by the governor, judge of a crimi-
nal court, the attorney general or pros
ecutor, of the existence or even the
alleged existence of any place where
there is violation of any provision of
the crimes act, open, continued or no.
t~orious, every such officer so notified
must take prompt and effective meas
ures against such violation, and his
failure so to do is a misdemeanor. q
compiled statutes, page 1872, section
219a.)
The present prosecutor hopes that no
occasion will arise during his term of
office to invoke this just but drastic
statute, as it will be his duty tt do
should conditions require it
1t may not be so generally, known
that the duty is imposed, by the law
and the public good, upon all citizens
having knowledge of the violation of
the criminal law, to speedily make
known the facts to some of the above
named public officers, and openly and
frankly. 1t is a crime to conceal a
crime, and no citizen worthy of the
name and privilege thereof, should
fail herein.
Except in special cases and Temporal
rily, the writer d es not favorably re-
gard the employment of detectives as
an aid to the enforcement of the crim-
inal law. Every resident officer as
aforesaid is amply charged with this
duty and will be expected to perform
it. If any case shall arise requiring
the services of officers from elsewhere,
such employment will be temporary
and limited to Gear necessity. Tho
vested by law with wide discretion in
the expenses of prosecution he feels
that Such 0utlavS are morally linited