The Republican. [volume] (Oakland, Md.) 1877-current, 1930-12-04
DECEMBER TERM OF COURT
WAS CONVENED MONDAY
Continued from Page One)

freely, to conduct his business and to
discharge his obligations, with only
such restraints as are necessary to
enable others to do likewise, and it
is because other people are af-
fected by what the individual
does or does not do that restraints are
interfere with his freedom to some
extent, which interfere in a degree
with his license, but do not interfere
with his real, civil liberty because
there can be no civil liberty unless
everyone makes some sacrifice. For
instance, there is nothing morally
wrong about man driving an auto
mobile at a hundred miles an hour if
he has a car capable of running at
such speed. Ordinarily he would be
free to do that, but there are other
people who want to use the road and
for that reason he must restrain him
self-he must bring his speed within
a reasonably safe limit, that will
make it possible for other people to
use the highways as well as he. So
too, there is nothing morally wrong
about going up hill and passing an
other car to the left as you reach the
summit of the hill, if it were not for
the danger to someone coming down
the hill, whose car might be struck.
So you have to sacrifice your
right to do that sort of thing for the
benefit of your neighbor and for the
good of society generally. That is
what l mean by civil liberty, and as
the country becomes more and more
thickly populated there are bound to
be more restraints and sometimes the
more restraints placed upon society
the more real liberty we have. Liber-
ty IS not license, and therefore we
have certain laws to restrain people
from doing many things which are
not in themselves wrong, but they are
wrong because in their doing the
rights of other people are affected.
Just at this time the newspap-
ers are discussing with a great deal
of interest and great deal of We
hemence the question of prohibition,
of the Eighteenth Amendment and
the act passed by Congress for the
enforcement of the Eighteenth
Amendment, but l want to say to
you now that we in this court
are not in any way con-
cerned with the Eighteenth Amend
ment and we are in no way concerned
with the so-called Volstead Act. Gar
rett county has had local liquor law
for many years, and the one we are
acting under now is an Act passed in
1914, supplemented by a more recent
Act passed two or three years ago.
These acts were passed without any
reference to the national law. They
are on the statute books, they consti-
tute the law of this county and it
doesn't make any difference whether
you are believer in the 18th Amend
ment or the prohibition law generally,
or not. We are here to enforce the
laws as they exist. We are not men,
bers of the Legislature. We have
nothing to do with the propriety of
any statute that is nassed by the
Legislature. No judge and no grand
jury may have any opinion as to the
wisdom of the prohibition amendment,
the Volstead Act, or of the Act Of
1914 so far as its enforcement as law
is concerned, whether they are good
laws or bad laws. You and l are
here for the purpose of enforcing the
laws as they stand on the statute
books. If we fail in that we are not
diligent and upright and faithful pub
| lie servants. We are here only as
servants of the people for the pur-
pose of enforcing and maintaining the
integrity of the law throughout the
county, so that when any question
comes before this grand jury involv-
ing the liquor license law or the pro-
hibition law of this county only one
question must present itself for your
consideration and only one. That
question is, Has the law been violated
and has it been violated by the party
charged? If the testimony presen-
ted convinces you that it has been so
violated you have but one duty and
that is to bring in an indictment. If
the evidence does not satisfy you that
the law has been violated, then of
course there should be no indictment,
and that applies not only to the Ii
quor law but it applies to every mat
ter that may be brought before you
by the States Attorney. Of course
we can not expect this grand jury to
reach out and cover every crime that
may have been committed in the
county, but in every instance of law
violation wherein substantial evidence
has been presented before you indi-
eating that a crime has been commit
ted and that the person accused is
prima facie the one guilty, then it is
your duty to return an indictment.
At every session of the grand jury
the court is required by law to call
to your attention certain offenses.
One of these is the crime of abortion.
Abortion is crime against society
and against the race. 1t is one of the
most heinous crimes known to the
law and yet it is one of the most diff
cult crimes about which to obtain
testimony. If you know of any such
violations and are able to find evil
dence sufficient to justify an indict-
ment-prima facie evidence sufficient
to support a conviction-it will be
your duty to indict.
1t will be your duty to inquire
whether the officers of this county, the
sheriff, clerk of court, the register of
wills and other officers of that charac-
ter are paying over money due to the
county and State required by law and
within the required time. The statute
in that regard will be laid before you
by the States Attorney. This is a
very important matter and the court
is required to call it to your attention
especially.