Omaha Daily Bee Newspaper, February 10, 1894, Page 5

Do Thay Possess Any in tho Enforoement of e ——————eet ettt et et e S DISCRETION 0F EXECUTIVES | the Laws?. DEBATE BEFORE CURRENT TOPIC CLUB Mr. Rosewater Argues In the Afirmative dge MeCnlloeh In the Negativ peal Tlustrations Freely Cited by the Speakers. An unusually large number attended the meeting of the Current Topic club at the Young Men's Christian association leeture room last ovening, to hear the debate be tween Edward Rosewater and Judge Me- Culloch on the question. “Should an Bx- ecutive Exerclse Any Discretion in the En- forcement of the Laws?' Owing to the fact that Major Halford had been suddenly called out of the city on official duty, the regular current topic review ‘was omitted, and Mr. Rosewater once Introduced by Presldent to speak on the afirmative side of the question He said that ryon while he had accepted an invitation to represent the aMirmative side in the dgbate, he did not appear as the champion or the defender of any partioulat system of administration, but rather as the exponent of the principle that it was right for an executive to discretion in the enforcement of laws. Proceeding to a digcussion of the question, he sald MR. ROSEWATER'S ARGUMENT. It is decreed by the constitution of Ne- braska that the supreme executive power shall be vested in the governor, who shall 4..|u-'nm- that the laws be faithfully exe- cuted exercise assuming the functions of chiet exc the governor is required to make oath that he will support the constitution of the Unitéd States and the constitution of the state. and that he will faithfully discharge the duties of his office according to the best of his ability Is the governor to have no discretion in the discharge of his duties? Is he under obligation to enforce every law on the stat- ute books regardless of the consequences or circumstances? or is he permitted in the discharge of his duties to exercise common sense and diverge from the perpendicular line of absolute enforcement wherever the conditions and public sentiment compel a divergence? Do not custom and usage, which make law, fully demonstrate that the executive must often exercise discretion in the interest of good government as well as for maintaining popular respect for law? In_examining the statute books we find obsolete laws, inopcrative laws, fmp: ble laws and pernicious laws. T statutes of Connecticut and othes ngland states have for two centuries been encumbered with what are known as Puritan “blue laws” which have long since become obsolete. 1 need only instance a few of ‘these laws to convince any rational mind that their enforcement in our day would only tend to bring ridieule and odlum upon faw, in’gen- eral. _ No food or lodging shall be offered a Quaker, Adamite or other heretic. 1f any person shall turn Quaker he shall be banished and not suffered to return on pain of death. No one shall run on the Sabbath day, walk in his garden or elsewhere, except rently to and from meeting. _ No one shall travel, cook victuals, make beds, sweep house, cut hair or shave on the Sabbath day. ‘ No woman shall kiss her children on the Sabbath day or fast day. Whoever wears clothes trimmed with gold, silver or bone lace above 2 shillings per yard shall be presented by the grand jurors and the selectmen shall tax the offender on his estate, . No one shall read the common prayer book, ‘keep Christmas or set days or play on any instrument, except the drum or jews harp. Married persons must live together or be mprisoned in jail. Who will contend that the present governor of Connecticut is bound to enforce these laws o the very letter? Does it not stand to reason that under existing conditions the enforcement {8 utterly impossible, and if attempted would be resisted and might even provoke violence and rioting? The blue laws I have quoted are obsolete, but the following are still in force in Massa- chusetts Rogues and vagabonds, persons who use any juggling or unlawful games or plays, common pipers and fiddlers, common drunk- ards, night walkers,both male and female,may be committed to the house of industry or / workhouse for a term not exceeding six months. Common fiddlers are no better than . vagrants; uncommon fiddlers are exalted. \ Tramps shall be punished by imprisonment In the house of correction or state workhouse for not less than six months or more than two years. All idle persons who not having “visible means of support or who liveywithout lawful employment shall bo deemed Vagrants and imprisoned not more than six months. Innkeepers may refuse to supply food to strangers and travelers on Sunday. ‘Whoever travels on the Lord’s day, ex- coptfrom necessity or charity, shall be pun- fshed by a fine not exceeding $10 for each offense. Whoever keeping a house, shop, cellar or place of public entertainment or refreshment entertains therein on the Lord's day any per- son other than travelers, strangers or lodgers, or suffers such persons on such d. to remain therein, or in the yards, orchard. or flelds appertaining thereto, drinking or spending their time idly or at play, or in doing any secular business, shall be punished by fine. Now let me quote from the Con- necticut statute: Every person who shall engage in any sport or recreation on Sunday between sun- rise and sunset shall be fined not more than $4 nor less than §1. Every person who shall be present at any concert of muslc, danc- ing or other public diversion on Sunday or on the evening thereof shall be fined $4. Any sheriff, deputy sheriff, constable or policeman may, upon view, arrest tramps without warrant, and upon conviction is entitled to a reward of §5, to be paid by the atate. All mayors, wardens and selectmen are empowercd and requested to appoint special constables, whose duty it shall be to arrest T “@nd-prosecute all tramps in their respective s Y cities, boroughs and towns. NEBRASKA DEAD LETTERS. The statutes of Nebraska date back less than forty years and already we have piled up laws that no governor has ever been able to enforce and no governor has been indiscreet enough even to attempt to put in force. For the past thirteen years we have had a law on our statute books which makes treating a misdemeanor, and yet there Is not a single instance on record where the en- forcement of this law has ever been at- tompted. It has been a dead letter from its inception, and will remain a dead letter s it has In Wisconsin, where it first orig- inated. We have a law on the statute books that prohibits betting on elections, either state or national, and that, of course, would include offers or awards made by newspapers to those who would guess the name of the successful candidate or the number of votes that would be cast for him. This law has remained a dead letter simply because public sentiment does not back it up sufficiently to make Iits enforcement practicable. Wo have & law on our statute books that requires every employer of female help In stores, offices or schools to provide a chair, stool or seat for each and every, such em- ploye, upon which these female employes shall be allowed to rest when their duties will permit, and any neglect or refusal to provide a chair or stool for every female worker subjects the employer to a fine of from $10 to $500, which fine shall be paid to the femalo worker whom ho has neglected to provide with & chair or seat. I doubt whether anybody can cite a solitary Instance where this law has been enforced upon any employer or where any fine has ever been collected for failure to comply with it There are laws prohibiting the adulteration *of liquors and other laws which are equally inoperative with the no-treat law. The lawa of this state make New Year's flay, Washington's birthday, the Fourth of July, Labor day, Thanksgiving day and Christmas legal holidays. In the oyes of law their observance is just as impera- tive as the observance of the legal Sabbath, which Is Sunday, but public sentiment does not so regard them, and it would be im- possible to enforce striet Sabbath observance on the Fourth of on Thanksgiving day or on New Y To be sure, our banking houses clo and there is a half holiday observance among business men on these days, hut what would people who com- plain of the lax Sunday observance think of firing cannon; guns, fire crackers and displays of fireworks on an ordinary Sun- day? am aware, of course, that in the abstract It 18 expected that the executive, national, state or municipal, should exert all power at their command to enforce every law but we are dealing with conditions and not theories. Is it not manifest from what I have al- ready stated that if the governor was Im- peachable for falling to enforce every law on our statute books that we should have been without a governor for the last twer five years? Let us now pass, from the state to the municipal executive. Under the charter for metropolitan_citles the mayor is the chief executive officer and conservator of the peace throughout the city. He has the superintendency and control of all affairs of the city, and it fx made his duty to see that the provisions of the charter and ordi- nances are complied with, The charter also provides that the mayor shall be active and vigilant in enforcing all laws and ordinances of the city QUESTION OF MAYOR'S DISCRETION: Now, the question is has the mayor any discrotion In the enforcement of the laws and ordinances as he finds them on the statute books? Is he in duty bound to en- force every law regardless of the per- niclous and injurious. consequences it might entail? I apprehend that no such constru tion can rationally be placed upon the duty of the executive. The mayor Is expected to enforce the laws against Sabbath breaking. The statutes pro- vide that if any person above the age of 11 years shall be found hunting, fishing, shoot- ing or quarreling on Sunday he may be con- fined in the county fail for twenty days or fined not to exceed $20, or both, at the dis- cretion of the court. It would be easy enough to enforce the law against fishing and hunting, but how about quarreling on Sunday? Suppose the mayor should direct the police to arrest eve man who quarrelel on Sunday morning over his waffles, his boiled eggs or his biled shirt? Supposo the mayor should cause the arrest every man and woman who quarreled on Sunday about sleigh rides, or arrest all the women in town who quarreled on Sunday over their respective bonnets or dresses? The law declares that every person above 14 years of age who shall be found doing labor on Sundays, except charitable work and work as may be necessary, shall be gullty of a misdemeanor and subject to arrest and fine. Now, who is to decide for the mayor what is necessary? We know that a Sunday paper is not an absolute necessity and therefore the mayor would be obliged, it he wants to enforce the Sunday law strictly, to close the newspaper ofiices, arrest the publishers, reporters, printers and pressmen who do work after midnight Saturday, and also cause the arrest of all the newsboys Sunday morning, and ina much as a Monday paper is not a necessity any more than a Sunday paper, it would be his duty to cause the arrest of the pub- lishers and employes engaged in labor for the Monday paper on Sundays before mid- night, which would practically make it im- possible to print a paper for Monday morn- ing. Everybody knows that a carriage ride is not a necessity, except for the rich who g0 to church in their own vehicles, there- fore it would be the duty of the mayor to close all livery stables and arrest all parties who take a drive in a hired rig on the Sabbath day. 5 The world managed to exist without tele- phones for several thousand years and therefore, telephones not being a necessity, it would be the duty of the mayor to close the telephone exchange Sundays. But some people would fnsist that telephones have become a necessity, because you might want to call for a doctor or order a carriage from a liveryman to attend a funeral or order drugs from the drugglst, RIght here we reach the point where the mayor must ex- ercise his discretion, and he must decide whether or not work in the telephone ex- change is a necessity or a desecration of the Sabbath In violation of law. But the stickler for strict enforcement of the letter of the law would say the mayor must en- force the laws until they have been inter- preted or declared Invalid by the courts. Theoretically, this would be correct, but in practice it is liable to cause untold hard- ship, and very often would precipitate con- flicts between police and citizens while the interpretation of the law was being held in abeyance by the courts. The statutes of Nebraska designate as a tramp any person going from place to place and asking or subsisting on charity. All idle persons, not having visible means of support and maintenance, and all persons out of employment who live in taverns, gro- ceries, sheds, barns or in the open air, and all persons wandering about and begging, or who go from door to door or place to_place, are declared by the laws- of Nebraska vagrants, and upon conviction shall be fined and_{mprisoned in jail and be subject to hard labor in jall or elsewhere in the county as the court may order. The only exception to this harsh law is made in favor of per- sons disqualified from performing manual la- bor by physical inability, and all such, if the law is strictly enforced, must be sent to the alms house of the proper city or county. Now how could the mayor of Omaha en- force the vagrancy law at the present time? If all the able-bodied men and women who are now out of employment in Omaha were dealt with according to the strict letter of the law we should have to construct jails that would hold four or five regiments of people. Who would be 50 cruel and inhuman as to attempt to execute this law even if the mayor should so order? I contend that the quintessence of all law is justice and hu- manity. Above all things we must be hu- mane if we want to be just, and wherever any law seeks to degrade and punish respect- able breadwinners because they are unable to find work its enforcement would be a crime against humanity. Such a thing would not be submitted to even by the oppressed and degraded peasants of Russla, let alone intelligent free American citizens, In times of plenty and prosperity these laws are salutary and for that reason they will probably always remain on the statute books, but it goes without saying that the executive officer of a large city must exer- cise discretion as regards their enforcement even in good times, He is not expected even in prosperous times to treat every penniless person who Is temporarily out of employ- ment as a tramp or vagrant. GAMBLING AND SOCIAL EVIL. Passing from these striking Instances where the chiet executive Is compelled to exercise discretion in enforcing law, we will now discuss the laws relating to gambling, the social evil and other vices that prevail to a greater or less extent in all large cities of the world. Beginning with gambling, let me state that I am not of those who con- tend that gambling is essential to the well- belng of a community, large or small. Gambling in any form, whether public or private, whether in stocks, or grain, or real estate ‘or money, is destructive of public morals and subversive to the well being of soclety. In this state gambling for money has been made a penitentiary offense, and every person that gambles for money sub- Jocts himself to the same pevalties as the keepers of the gambling houses, Every person that gambles for mouey is equally liable even when the stake Is only a penny to make the game interesting. This 1s the weak spot of the law that has rendered it inoperative. Grand jurfes have Indicted keepers of gambling houses, but thelr patrcns would not testify, because in so doing they would criminate themselves. It is safe to say that so long as the laws remain in their present shape it will be very difficult, if not impossible, to secure convictions. Concede that It Is the duty of the munlolpal executive to enforce the laws against gambling, the question is whether In the discharge of this duty he may exerciso any discretion. Is it expected that the mayor will Indiscriminately cause the Invasion by the police of overy hotel, apartment flat and domicile where cards are being played for a small ante in common with resorts where gambling is carried on for large stakes by professionals who make a living out of this criminal business? It would certainly seem that without some discretion. on the part of the mayor and the police the enforc- ing of the gambling laws would invite fr quent disturbances and invasions of private rights. Right here lot me call attention to the "“THE OMAHA DAILY BEE: SATURDAY, FEBRUARY. 10, 1894 ot which every lawyer will admit to Ny undamental, that the mayor is not expecte to make complaints against gamblers and gambling houses any more than any other citizen, Tt fs the duty of all law-abiding citizons whenever they know {hat a crime has been committed to onter complaint, and it will then devolve upon the public prosecu- tor to file information agaifst every offender whenever he has become satisfied that a crime has been committed . The open gambling house, as it is now said to exist in Omaha, certalnly affords much better dpportunity for enforcing the gamb- ling laws than the closed gambling house Nobody but those who actually play and the cappers, dealers and keepers wre per- mitted to remain In the closed gambling house, and the men who gamble will never testify against themselve: On th itrary the open gambling house ‘admits spectators who are no way implicated, and these spec tators can be cited into court a: and made to tell what they have seen and whom they have seen without criminating themselves. While professional gambling may be suppressed, at least for a time, playing of soclal games for money and se- cret gambling in hotels and private apart- ments could not possibly be suppressed without an espionage that would be intoler- able In any community. IN THE WORLD TO STAY. The experience of ages abundantly confirmed the prevailing belief among all well informed people that the social evil can never be stamped t. All that can be done is to keep it within bounds and under strict police survelllance. While the stat- utes making the renting and Kecping of houses of fll-fame a misdemeanor nd sub- Ject the Inmates to fines and imprisonment in jail, the charter clearly recognizes the discretion of the executive in the enforce- ment of thid law. ction 22 of the charter for metropolitan cities provides that the mayor and council shall have power to restrain, prohibit and suppress tippling shops, houses of prostitu- tion, opium joints or dens, gambling houses, et Now to restrain clearly implies to hold in check, to curb or to confine within certain limits. It it was the duty %of the mayor absolutely to suppress, then what would be the use of giving him power to restrain. The manifest intent of the law:is to recog- nize existing conditions in metropolitan cities and leave to the mayor and council discretionary power to suppress where sup- pression is” possible or to restrain where suppression is impracticable. The so-called burnt district is after all simply an expedi- ent to hedge in and keep under survelllance the class of abandoned women that have chosen for themselves a life of open shame The most eminent political economists agree with the ablest medical experts that every attempt to scatter this vicloys class is followed by the spreading of indecency and immorality, The Junuary number of the Medical Age, published at Detroit, contains an editorial on the control of the sociaMevil, from which the following extract is suggestive: “Control by the state should be demanded in America for the remson that here the bagnios are the shelter of the criminal classes, whereas in Europe they are shunned by such, owing to the fact that all institu- tions of this class are constantly under police supervision, and without either back entrance or side exits. In a choice between two evils, one natur- ally turns to the lesser, and those members of society who are not swayed by fanaticism and rule or ruin sentiments, have long recognized that control presents the only definite and satisfactory solution of the problem. The plea that control tends to render vice “‘respectable,” which is so con- stantly reiterated, is both specious and puerile. Vice can never be respectable, since when {t attains the latter status it is no longer vicious; further, vice is made more respectable by being left alone than when subjected to control that designates it as both vicious and criminal. M'CULLOCH IN THE NEGATIVE. In presenting the negative side of the question, Judge McCulloch said that the proposition had. been stated in such a way that it was difficult for him to guess how Mr. Rosewater would undertake to discuss it in the afirmative. He had supposed that the discussion would be confined to the bocal situation, and not go back to antiquity, as the discussion was before the Current Topic club. Mr. Rosewater had said that the eld blue laws were obsolete, yet they seemed to be printed on the statute books of today. It was impossible to intelligently arguo today concerning the laws of hundreds of years ago, not having the conditions of that day before us, and we cannot have them, read his- tory as we may. The question tonight was “Should un_executive be allowed discre- tion?” and not “Does he have discretion?" Examples in this city, in New York, Chicago and nearly all cities showed by sad experi- ence that they did so exercise it; but should this be? “Mr. Rosewater,” said the judge, “has not cited a law that would not be a wholesome one to have on the statute books in any city today. He says that the enforcement of them would not be tolerated, but that is only an assertion, it Is not an argument. Let me read Webster's deflnition of an executive: ‘An impersonal title of the chiet magistrate or officer who administers the government, whether king, president or governor; the governing person or body.' There are three forms of government, legis- lative, executive'and judicial. If the execu- tive undertakes to exercise discretion as to what laws he shall enforce and how, he usurps the power and privileges of another branch of the government and becomes a legislator. “The question is mot: Can you -attaln better results in this way or bring about greater morality? but it is: Has the execu- tive the right to do this? LAW GIVES NO DISCRETION. “If he ought to use discretion, then the legislature ought to give him that power, and then he will not exercise It except as the power is given him, and it will not be his personal discretion. ' Mr. Rosewater says the mayor is given the discretion to restrain, prohibit or suppress, in the matter of the soclal evil. I don't agree with him as to the interpretation. If the mayor suppresses or prohibits or restrains he does not exer- cise discretion. He is simply enforcing the law in one of the three ways which the law directs. Whenever the legislature gives us a law glving the executive the right to either enforce or not to enforce it, then I will have no quarrel with the mayor, but as fong as it is this way, he can not arrogate to himself a discretion that the laws do not give, “These old laws about the Sabbath day would be wholesome for us to have in this community. Because we repeatedly violate a law is no reason why it should not be on the statute books, nor why it should not be enforced. The trouble with Mr. Rosewater is that he thinks that all who take this side of this question would turn the mayor or governor into a police officer. He says that it is not the mayor's place to file a complaint any more than it is the duty of any other citizen, Perhaps so, but we have a provision in the charter giving him control of the police force and it is in his power to have any position he may take fully carried out. When repeated violations of the law are called to his attention and he re- fuses to take notice, we come down to the question whether or not he can exercise this discretion. If he can do it in one case, he can do it in another. Wae are not discussing what he does not see and what his atten- tion 1s not called to, but the repeated viola- tion of the law in this city as it has been for some time past. We rmust argue the question on principle, for when 1t his duty to enforce the law there is no other course open to him, no discretion for him to exer clse, has ve admit that the no-treat law, the anti-betting on election law and the anti- adulteration of liquor law are violated every day. So are laws against gambling, the social evil and the Sunday law. Will-any witnesses | | woula | but | to me that every one who s willing to'look | are not discussing that, tonight pre say that it wouldi't 'be for the batter- ment_of the communityifsthey were en- forced? No one here wauld, say that treat- ing Is for the good of the community, but there are many who wolifdf say that the law in that particular coull ‘wét be enforced. | it never has been attempied—it never has | been trisd T the slighigat dogree. - But | that fs no argument that ¢ is not the duty | of the éfficers of the 1% 8 attempt to en- foree it. Let them try/it mnd then if they fail the blame will lie, at @ome ome else's | door. But dond let them do . like our | mayor, take the law fi ‘their own hands and vote against a resolution like th (Reading). This was integduced before the Board of Fire and Police, Commissioners at a recent meeting and lald.on the table by the vote-of the mayor of this city merely calls for the enforesment of the That s exercising discretion in the enfor: ment of the law as exemplified by Mayor Bemis, WHERE DI “It the be given SCRETION MIGHT END. was: Should executives by the legislature? it be open for discussion and debate, when it Is: Should they exercise dis cretion without authority of law? it seems question discretion must be on the negative side. will, doubtless, in closing, Bemls by saying that under the policy pursued therg I 5 gambling in the city than if the law were enforced. We but if so, I would vehemently deny it. Mayor Bemis is violating his oath by his course, even if he eonsclentiously belleves that fhere is less gambling in the city under this system Supposd. a man was to shoot a desperado in the streets of this city. Supposg Mayor Bemis was to say to the chief of pblice/ ‘Don’t arrest that man. He has done the community a benefit,” for had he not killed that outlaw he would have him- self killed several others before very long.’ Therefore by the exercige of his discretion le would notallow any officer to molest the murderer. He would not ba justified in any such course by any ome because that erime would have no direct connection with? the' city government But ambling has such a connection with the city’ government It it is impossible to enforce the law, why is It that these lawbreaker: and their sym- pathizers rust in 1o protest 1inst every move in/hat direction it they can gambls s6 mwuch more easily wheg it is not connie- nanced? The ecniaf of poliee of Cricago tried to stop the Garfitld park races . In the face of -the opposition of - the mayor and council. Al know of the bat- e~ waged Dby that heroic chief and his men against the gamblers ay d thugs of Chi- ago backed by that n Oor and council. Tliere was never o rotten a race course or racing club, but Major McLaughrey suc- ceeded in his undertaking. Before he was through, he had more than one of the great papers of that city at his back. What could he have done if he had been backed by the city government? It only needs the issuance of an order to accomplish these things—only the voice of the executive. There is no class so cowardly and quick to run as the criminal and none so bold and brazen-faced when backed by the at it fairl Mr. Rosewater defend Mayor | tion paper frands. now. It the. gentlemen c 12 stood that he did not appear as the champlon of Mayor HBemis, He was ready to adwit that the mayor had made mistakes and had never contended otherwise. Judge McCul ol had said that any of the old lawa Fo. ferred to were good enough to have now, but he would not agree to that, and if the Judge had any iden of modern elvilization he ‘would realize that they could not be enforced. The old fogy theories and idoas as to trivel and Sunday food would not meet with favor with the present generation. It was admitted that the executive was to superintend the administration of the law and it was conceded that on gen- eral principles it . was the duty of the _executive to attempt to have the laws enforced. This attack on the mayor, which had been kept up for months, began to look very much lfke mayor-baiting o such attack had beeri made on any of the other officers, yet the mayor would be help- Jeas In spite O all that he could. possibly do if the county ney was to refuse to prose- cute. - Why was not a charge made on the wheriff, for the enforcement of the laws de- volved upon him as much as upon the mayor. The speaker said he did not agree with the mayor on the gambling question, nor with the last speaker. He did not believe in np lice surveillance, for it was the plain duty of any officer, whether iif uniform or in eiti- zen's clothes, whenever he witnessed a viola- of the law to arrest the violator If this was not done that dfficer failed to do his duty, and the speaker did not propose to defend such a thing. He had never countenanced amy frauds, whether pilous frauds, city frauds, official frauds or hew and he did not propose to begin engaged in this de meant to really {naugurate a reform why difi not that would rus: and they lead apen benefit the go about it city morall in a_manner to that end? The police court was to them and they could file a com- plaint whenever the prosecutor would spare them a moment's attention. It was open for’ Judge McCulloch if he was so disgosed, Just as it was open for any citizen, and they could begin“their presecution of the owners of houses rented for immoral purposes just as soon as they wanted to. A correspondent had asked that a_register: be kept for the names of the men who visited the burnt district. Such a thing would avail nothing, as aniong the first names that would prob- ably appear in it would be those of Judge McCulloch and Frank Crane, as tie parties never gave their own names, as was shown by the police blotter when raids were made, and the guilty ones would put down names gf the most prominent, respected and in- Aluential men in the ' communit The ‘trouble was that administrations had to deal with facts ‘and ‘not with theories. It couldn’t be expected to have a large city free from the dross and dregs of society. Society had made them, and no stream could rise above its source - - indorsed the Hill Bill. CLEVELAND,0., Feb. 9—At the meeting ot the National Dairy union it was decided to bring every influence to bear for the passing of the Hill bill giving police control over fraudulent food products. A bill was also drafted prohibiting the fraudulent sale of local government. “Our city needs something besides having its monetary Interests looked after; its morals demand.some attention. -When the mayor thinks something of how many voung men and women he can save, as well as how much money he can save, he will be entitled to_some consideration. But we don't re- cefve this from our present executive. (The fire and police board resolution, with refer- ence to expecting the policemen to do their duty, was read.) We don't insist'on his put- ting in his time hunting up violations of the law, but when hig attention is called to it, we don’t want him to exercise his discretion and refuse the request. Where does this idea of discretion come from? ONLY A BAD EXCUSE. “It is gotten up by reason of the necessity for an excuse. The greed of men for office explains the difficulty. we have here in Omaha. in enforcing the laws. There is now some $12,000 or $15,000 gaid in annually by the gamblers for license. They tell us that if it was not so, we would have 100 gambling houses and they could mot be supressed. They can license five and close the other ninety- five. Strange logic! It may be impossible for us here in Omaha to get a mayor who would divorce himself:from politics enough to enforce the law. - It-does. Dot seem to be even a matter of discration with, Mayor Bemis—he is willing to o on record as de- claring against the enforcement of certain laws. He seeks to usurp the prerogatives of a legislator, but gecks to excuse it because the blue laws are not enforced in Con- necticut, holding that because this s 80, he can exercise discretion regarding the enforcoment of the laws as to the most helnous crimes and sins in the city of Omaha. Perhaps the social evil should be restricted and guarded, but our question is: What shall the executive do with the laws regard- ing it? This is more difficult to handle and detect, but so far as the executive is con- cerned his course is to enforce the law. They say the owners of some of the build- ings that are rented for this immoral pur- pose are so-called respectable people. If 50, the mayor could begin with some of them it he wanted to enforce the law. All we ask is that the executive shall enforce the laws as he finds them, and not that he leg- islate; that he shall attempt to do that which is right rather than that which he knows to be wrong; that he shall do his duty rather than what he has promised another against his own belief as to what is right and against his oath of office. SPBAKING FROM EXPERIENCE, Before Mr. Rosewater stepped forward to make his closing remarks, Judge Pat O. Hawes said that he would like to offer the result of twenty-seven years' experience in municipal affairs. He was accorded the privilege. He said he had witnessed three spasmodic attempts of this kind to revolu- tionize the morals of the city of Omaha, and while cach had doubtless done some good, the result had always been the same. He had come to the conclusion that it was very essential for the executive to have some discretionary powers to meet emer- gency cases. He had at one time served as police judge of this city, and it was during one of these crusades that barbers, milkmen, newspaper pub- lishers and every other class doing any work on Sunday were arrested for violation of the Sunday law. Jury trials were de- manded and the accused all went scot free. The milkmen proved that they left milk at louses where there were babies who would die if their supply was cut off; the barbers proved that men had to be shaved In order to go to church with their wives, and the jurors seemed to think papers wero a Sun- day necessity for the publishers were also discharged, and away the whole crowd went So far as the charge that the mayor had overstepped the bounds in the matter of regulating the soclal evil was concerned, it was unfounded. The charter conferred on the mayor and council the right to regulate this matter, and their course was in strict compliance with the law Instead of in viola- ton of it. So far as gambling was concerned, the speaker cited a little biblical history to estab- lish the antiquity of it,-ealling on Dr. Dur- yea to help him out, and ‘sald it would always continue, as it always had. He said that since the reqpening of tho houses under the present system there had been fewer gambling houses in Omaha than at any time since they were closed by the pres- ent state faw, June 4, 1587. He insisted that while he was libéral 'he was practical, and knew what he was talking about, In closing, Mr. Rosawater said that when he accepted the challenge to debate he had no idea that he was to:come here to discuss the conduct or miscondudt of the mayor of Omaha or of any other iAdividual, but to discuss the principle fuyglved in the ques- tion announced for debatg. Dr. Duryea assured the speaker that this had been the intention and expectation. Mr. Rosewater said he wanted it unde oleomargarine. Adjourned sine die. WEATHER the Ne- ay. orecasts for Kansas and colder; Decided!; Are Predictions for Te Feb. 9. Nebraska, r; decidedly Fair and braska WASHINGTON, Satur For South Dakota northerly winds. For Missouri—Generally fal northwesterly winds. g For Iowa—Snow flurries; colder in south- ern portion; variable winds. cal Record. Orricn oF TiiE WEATHER BUREAU, OMATA, Feb. 9. —Omaha record of temperature and cainfailcompared with corresponding day of past four years: ; cold wave; 18 Maximum temperature 323 Minimum temperature. 182 i Average tomperature.. 259 242 163 Precipitation ... .. ...1.11 .01 .00 .00 Statement showing the condition of tem- perature and precipitation at Omaha for the day and since March 1, 18: Normal temperature é 5 cess for the dav.... ... ixcess since Murch 1 Normul precipitation. 03 tuch Excess for the day... . 1.08 inch Deficiency since Marcl 1 .75.63 inches Reports from Other Stations at 8 P. M. . 1893, 1892, 1891, 320 270 8C S 45 220 3o g U 10 awg STATIONS magw cmiviaduag “wonwed R ~&%p jo samE -IPaWeY, XU -20/Cloudy, 08| Clear, 100 Clear, 00 Clear. ‘08| Clondy. T |Cloudy. .00 Cloudy. 04/ Snow. 20| Cloudy. 00 Cloudy. T (Cloudy. .00/ Clear. 01 |Snow. Parteloudy. b Snow. 20| 200 |Cloud 6 T |Clear, 64 00| Part cloudy. *below zero. 7, Local Forecast Offelal. Valentiue. Chicago ... St. Louls. St. Paul. Davenport Kansas City o0 GE Brings comfort and improvement anc tends to personal enjoyment when oty amd. & T many inhollive bst ter than others and enjoy life more, with less expenditure, by more promptly dapting the world’s best products {0 the needs of physical being, will attest The valu to health of. the:pure liquid lexative principles embraced in the remedy, Syrup of Figs. Its oxcellence is due to its presenting in the form most acceptable and pleas- ant to the taste, the refreshing and truly heneficial properuies of & perfect lax- ative; effectuaily cieansing the system, dispelling colds,” headaches and fevers it permancntly curing constipation, It has given satisfaction to millions and met with the approval of the medical profession, because it acts on the Kid- neys, Liver and Bowels without weak- ening them and it is perfectly free from every objectionable substance. Syrup of Figs is for sale by all drug- gists in 50c and $1 bottles, but it is man- ufactured by the, California Fig Syrup Co. only, whose name is printed on every package, also the name, Syrup of Figs, and being well informed, you will not accept any substitute if offered. Highest of all in Leav:ningPo‘wet.t-—Latest U. S. Gov't Report, Roal ABSOIUTELY PURE Baking Powder NEBRASKA ~ NATIONAL BANK, U. B. Depository, Omaha, Nebraska. CAPITAL SURPLUS 4000,000 865,000 Officers and Directors—Henry W. Yates, b dent, . C. Cusbiug, vice prosident, 0. 8. Mau: W. V. Morse, John S. Collis, J.'N. H. Patrick, Lew(s 5. Reed, Cashier a1 THE IRON BANK, 5 The Reformer Editor FOR LA GRIPPE SUFFERERS. Tells of His Exper- ience with This Dangerous Disease. EDITOR J. H BENNINGTON, V7., Dec. 16, 1893, T the spring of the year 1891 T was attacked with grip. I waslaid by from business for about two months, n portion of the time as sick a man as ever lived through that mysterious disease. From the effects of the attack I was really ill all summer, weak and tired and dis- pirited. In the spring of the year 1892 [ suf- fered another onslaught of the same dis- ease, and lost seventeen pounds of flesh in two weeks. 1 went back to my duties again with a settled conviction that I would be obliged to pass through another summer of misery, but happily 1 resorted to the use of Paine’s celery compound, doubtingly I admit, for I was chary of so-called proprietary medicines. But before the first bottle was used, convic- tion dawned upon me that here was the elixir, if not of life, still of health, and «Oh, what would the world be to us «If Children were no more? Don’t Neglect the Childreii. - LIVINGS and firss within a month T was mending really better than befor e the grin made my unwiiling aequaintan: And now when tired from brain work or business cares I take a wine glass of celery compound on going to bed, and wike in the morning ref-eshed and fit to begin again the toils and meet suc- cessfully the vexations that infest the [ My wife, who is not wholly free from the ills inherent in womankind, man- ages with my help, to consume the con- tents of about a half-dozen bottles of the compound a year, to the great benefit of her health and my happiness. It ought to be understood that celery compound is as greateful to the palate as good and wholesomo wine, whiie it is more invi- gorating and lasting in ‘ts effects than apy wintage of the fruit of the genus vitis. J. H. 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