Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-10-24

sion of the truth by a kind q . 4ress.
sss's law s1asss aDss'ss sne IS aSsssS
the humanity and delic9 the law
Of England in this re- - with the
cruel provisions of Roman law
which allowed cr'. Y ..ls, and even
witnesses in some IS, to be put to
the torture for I - urpose OF eAtoft-
ing q confession."
The decision makes many citations
of eminent authority in regard to the
safeguards thrown around every per-
son, and adds:
Notwithstanding the fact already
suggested that the cases heretofore
cited refer to a form OF constitutional
provision not found in our own bill OF
rights, we are convinced that the prln-
ciple itself is too fundamental to have
been purposely omitted from the char-
ter of liberties of the people OF Iowa.
and had there been no such speclhc
provision anywhere the same result
would have been reached under the
general guaranty of due process OF law.
If such guaranty is not thus to be I'M
piled, then we have in this state the
anomalous situation that by Legislative
provision the inquisitorial proceedings,
so generally referred to as reprehensl-
bic, and the absence OF whlch is SO
constantly mentioned as one of the eX-
cellencies of the common law. might be
introduced There would be nothing
unconstitutional, under such construc-
ton, in statute which should restore
torture by the thumb-screw or the boot
as a legitimate means of securing evil
dence in criminal prosecution"
sss
The court remarks, however, that
constitutional guaranty against selt-
incriminatng evidence does not make
IL unlawful to require defendant to un-
cover his face or hands or take his feet
from under a chair in the court room
for purposes of Identification. Some
courts have gone to the extent OF re-
ceiving evidence obtained by COM
telling defendant to make tracks.
but other courts have held such evil
eence inadmissable. The Iowa court
ras gone no farther than to sustain the
right to require the defendant to stand
up in court for the purpose OF ldentli-
cation. In one Iowa case it was held
rot improper to require the exposure
Of the forearm to discover tattoo marks
tor Identification, and even in this case
il is said that accused should never pe
compelled to make any indecent or OF
fensive exhibition of his person for any
purpose whatever.
1T would therefore SEEM, says the
court, that such an investigation as
that made in the case before us is with
out authority as against the detend-
ants objection, and the receipt or the
evidence was an error on the ground
that it was the result of the invasion OF
defendants constitutional right i'm
pliedly guaranteed under the provision
Of our constitution as to due process or
law not to criminate himself.
AS if this was not sufficient, the court
reyerses the case on another closely al
lied roint That clause or tne st;ste-~-a-
stitution guaranteeing Immunity from
unreasonable searches and seizures
this and wbisb i IS Poined out tha,
constitution and most of the state con-
stitutions. has received a broad and
liberal Interpretation fol the purpose
Of preserving the spirit of constitutions
a! liberty. There are limitations to the
none of the exceptions cover such a
case as this. The search was for the
mere purpose of securing evidence by
an invasion of the private person of the
defendant and there is no consideration
whatever which will Justify 1t.
The intimation of the court that
there is no constitutional bar to the
establishment of inquisitorial proceed
ures in the state of Iowa will cause
surprise to many. It is evident that the
constitution is not the perfect instru-
ment which it has been represented to
he. On the contrary some important
matters have been overlooked. 1t will
be recalled that the people narrowly
missed ordering only two years ago a
convention to revise the
constitution of Iowa and materially all
ter that Instrument There are great
many good lawyers in Iowa who be-
lieve that it is only a matter of a few
years until this will be done.
ToDAY'S DECISIONS,