Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1903-02-06
NOTES FROM THE CAPITAL
Des Moines, Feb. s, 1908

A>~"s = ooS SSAo 49,
Des Moines. Feb. s, 1908.
Judge Mcvey has sustained the con.
stitutionallty OF the inebr4acy law. The
decision was rendered in the sui.
brought to :ncarcerate Matte Smelling
alias Robinson, on a charge of hab,tnai
drunkenness. The attack upon Ia
Jaw was based on claim that II 10
unconstitutional inasmuch as n nro.
Woes Tor the arrest and incarcera.
tion o! person without indictmen.
Or Irlal oy jury. Inc judge saws:
Il am clearly OF the opinion that +bo
state has the right to commit a nerson
VINO IS insane or an inebriate under
que forms OF the law without the ver.
dict of a jury. 'no 'ei
~ mas been said In criticism of tbe
Jaw tnat 1t is far reaching in ito m.
pllcation and that it is q dangerous
eAerclse OF the paternal powers of the
ieg9siature. On the other hand the
Jaw mas been highly commended AZ a
long step toward the suppression and
cohtroi OF the evil resulting from the
excessive use of intoxicating unuors
Is perhaps true that both the onno.
hents ana the defenders of this law
nave taken more o. less Exaggerated
views OF It's provisions. It NAV he
wen TO say that it is not every nerson
VINO IS addicted to the use of intoyi.
catlhg liquors or even to the excessive
use OF narcotics that is amenabIe tn
Tue provisions Of this statute. So lone
as person Is not dangerous to so.
:lety or 10 those associated with him
ialnlly or neighhorly relations and
SO long as he is able to take cane Of
hlmseif and his property he cannot he
lawlully committed under the nrovi.
S % OF this statute. 1t is only when
ne becomes an inebriale and conse.
quentiy endangers society and those
associated with him and becomes nm.
aole 10 take care of himself and his
property that the provisions of the
statute apply, and if the statute is al.
nIn1stered according to the true in.
lent ana purpose of the law there ia
very little danger to be unprecedented
from its enforcement,
Inc Iowa State Turn Verein, com.
posed of the Turner societies NJ tho
state, will meet in Des Moines June
~, IL and 10. The meeting will nroh.
ANY De one of the largest to be held
IN the state during the year and II ia
expected will attract several thousand
Germans and members, of Turner or.
carnations to Des Moines. In addi.
tlon to the business sessions there viii
be contests between the athletic teams
representing the several societies Of
very high order.
Attorney General Mullan has rem.
dered an opinion to Auditor Carroll on
tie question of whether a Judge of
the district court who was elected
az the November election Of 1902 to
M an unexplred term of a district
Judge who had previously resigned. is
eatlt1ed TO receive compensation at
the rate OF $1,000 year under the
Ia" OF the last general assembly in.
creaslng the salary of the district
Juoge from $1,000 to $4,000. It is held
oy the attorney general that the sal
airy IN such case should be s3,5Oy,
me question arose in the case of
Judge George w. Dyer of Nevada
]uose OF the Eleventh judicial district
non: w. 5. Kenyon was elected Judge
OF the district court in the Eleventh
district In November, 1898, and as.
sumed the duties of his Office az such
judge January l, 1899. In the summer
OF 1902 he resigned Judge Dyer
was appointed by the governor to fiji
the vacancy existing between the time
or the resignation of Judge KENYON
and the November election of that
year In the November, 4.O2, election
Judge Dyer was elected Judge of the
district court and filled the Office from
the time of his election in November
l9O2, until January 1, 1903, at the in.
creased rate of salary fixed by the
Iwenty-nlnth general assembly.
State Labor Commissioner Brigham
has been in Clinton recently inspect.
ing factories and while there found a
number OF attractions of the law, on
the subject of compulsory education
AID child labor. He took the matter
up with the employers and succeeded
IN getting them to discharge children
who under the compulsory education
law ought to be attending school. This |
was done in half dozen cases. There
is no truanL officer in Clinton and Mr..
Brigham concluded to take the uues-
ton up personally with employers. Mr..
Brigham was not enabled to inspect
all the factories at Clinton thoroughly |
as several are closed down. He found |
considerable need for better sanitary
conditions and more fire escapes.
The Des Moines Fraternal club, an |
0roani a ion intended RI o,,hro,o WV