The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-11-07
TAKING THE TEETH OUT OF
STATUTES.
From Harlow's WeelSlS


4 GOVERNOR ROBERTSON recently asserted that more
- liquor is being consumed than formerly, in Oklahoma,
and his statement has prccpitaod animated discussion
participated in by Frank Lee. federal attorney for the
eastern Oklahoma district and quite number of Musko'
gee aymeu Mr. Lee denies the accuracy of Governor
Robertson's assertion, and the Muskogee laymen are
merely anxious determine whether the consumption
Of liquor the increase i'll oklahoma Federal Judge
to shed light upon the subject According to Judge VIII
ams the enactment of the Vostead law has changed the
viewpoint OF county officials whom falls at
least part of the burden of enforcing the laws against
the sale ot liquor
County After Fines
Judge Williams remarked that county authorities were
alert prosecute charged with vending liquor, pro-
vded the defendant seemed financially able to pay a
tne In cases where the accused seemed 10 be without
funds with which 10 pay fine, the county authorities
left the prosecution to federal authorities proceeding
der the Nosead Doubtless in some instances, the
passage the Nostead has been accepted by some
county officials convenient means of avoiding the nc
cunuaton OF court costs and the increase OF tax eVeS
necessary lqudae The idea is borne out
by the fact that both the governors office and the ato
tons requesting that procedure be instituted against Off
cas charged with laxity in enforcing the laws against
the sale OF liquor.
The Attorney Generals Law
The communicatsrls many OF which are anonymous,
lost all OF its vitality and strangely through leg:
lslative actonor rather nacton. In 1917 the egisa-
ture enacted into law what is known lill No.
3D. The caption forth
An act providing for the suspension ana removal
Of certain state. county, city and municipal officers
for failure to perform the duties Of their office,
powering the attorney general on his motion
when directed by the governor conduct nvesti.
cation and prosecute said causes; comforting
rent Jurisdiction for trial OF such in the dis
trict court and in the supreme court: authorizing
the legally constituted authorities under the exist
ing laws TO fill all vacancies caused by the suspen.
sion removal OF any officer under the provisions
of this act
Section provides:
Official misconduct within the meaning Of this
act is hereby defined to be:
l. ANY wifa failure or neglect TO diligently
and faithfully perform duty enjolned upon such
OF his stat
= lntoMcauon in amy public place within the
j. Committing any constituting a violation of
any penal statute involving moral turpitudc
Section 4 provides:
1t shall be the duty of the attorney general of
this state, when directed by the governor or upon
fled by five more reputable citizens of the county
before some officer authorized 10 administer oaths
any of the acts, omissions offenses as set out in
section 3, of this ac forthwith investigate such
complaint and If such investigation he shall find
that there is reasonable cause for such complaint
he shall forthwith institute proceedings in the
preme court of the state, any district of the
county of the residence of the accused, ous
such officer from office.
No other statute concentrates so much power in the
hands of state official and all other statutes
waited do not contain possibilities for enforcing
good government throughout the state The statute was
enacted into law a time when the manufacture Of in
toxcans legal in many states of the union Follow
ing the enactment of federal prohbi,ory laws. binding
cants spread the supply of stocks decreased okla
brew known "chcc" beer, and that fame has been
enlarged through the pomiseuous manufacture of corn
whisky"
Stills Are Common
The finding of whisky stills has become so
that the seizure has almost ceased TO be news item
Tor the d papers, 1t IS & GSuoHaD mere Is 2 com hc
purchased BY those who willing the price and
run the risk of drinking the liquor In Oklahoma muh I'M
cipa governments are poweress to 10 more toward hc
suppression of lQnor traffic. than attends the finding
persons found guilty. Such condition is due TO the
fact that municipal courts as seheia'y CONSTITUTES Wv
provide for trial by jury, and the court OF criminal
appeals has held that no man can be Imprisoned without
trial BY jury
City Government Helpless
In the last analysis the municipal government cav can
than become evidence collecting agencies FOR the county
state and federal authorities When case Is shnud
from municpal court 10 county district there
s considerable lost motion dmnution OF interest "l
part or the arrestng Officers, and OFTEN ack o
interest ON the part of higher officials prose
cute the case. Almost invariably there is more or less
jealousy existing between the municipal ana county au
sherIffs because of their limited numbers of deputies
poweress patrol cities and county districts IN su,h
Judee Williams has formed the opinion that at least
county officials 10th to prosecute liquor cases
which the defendant is without means pay fines and
in favor OF eyadng punishment and he taxes me HsN
Of manufacturing and dealing In liquor
Yolstead Act Makes Difference
Following passage Of the Nolstead act there was
disposition the part OF municipal ana county aunol
ties TO rely more and more upon he teoelal au'ollucs
for the suppression Of liquor traffic The federal govern
ment with all resources is powerless 10
police every community and the aggregate of Its raids
and arrests small compared with number OF persons
escaping punishment. . . .
| The attorney generals bill, as Senate Bill No Se Is
commonly known affords the most effective means avail
able ourtailng liquor traffic in Oklahoma condi
ton To the the governor and attorney generS
have the power county officials to enforce tho
laws county officials Communications ad-
the attorney generals office and purporths
disclose confidential information concerning the aNity
law enforcement, predicsted the knowledge
that the attorney general has the power - proceed
against Negligent convincing officials.
State Without Funds
time when the manufacture ana sale ot tntoN-
have spread to alarming proportions IN oklahoma
elsewhere the state is without the financial means
to effectively the attorney generals law as "A
means Of remedying the condition.
The fact that many complaints mailed to tho attor-
and the are anonymous creates the
suspicion that they not made 20 much for the pur.
pose having tho prohlbory laws enforced for the
purpose OF using Of tho state government TO
'Fe; even" with a real imaginary enemy. such com.
muncatons although they might portray facts, and be
based upon good motive, indicate that the attorney
general would not have the cooperation " all law
abiding citizens of tho community The last legislature
allowed tho attorney generals office only $4,000 pet
with which 20 conduct all Investigations and It