Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1904-10-21
A NEW DOCTRINE
r. IS: ESTABLISHED:
Supreme Court Announces i
in a Murder
Case.
OFFICERS, RIGHTS LIMITED
They Must Not Shoot Misdemeanant
Escaping Arrest-This Unusual Ru'.
ing 10 New in Iowa and Establishes
q New and Novel Precedent.

| that the power to arrest be asserted
to the extent of killing one whose of
tense subjects him to only a triflins
fine or confinement for few days in
Jail" $3.50 .s.,, >.,~,..,
So scys the supreme court of Iowa
It is new doctrine. For the first
time in the history of the state the
| highest judicial tribunal has passed
| on the question of whether an officer
| may exert force to the extent of taking
| human life in effecting an arrest for
| misGemeanor or in preventing an es
caIe or rescue from such arrest. And
| the verdict of the court Is against
taking human life for so trivial a
cavse.
The Iowa court says:
1T is well approved maxim that
the law has tender regard for human
l:fe and as general rule a person
assaulted without provocation can not
carry his right Of self defense to the
extent of using deadly weapon upon
his assailant save where the circum.
stances are such that to his appre
tension as a reasonable man. such
extreme measures are necessary to
save himself from death or very
great bodily harm.
''In our Judgment something of the
same solicitous care for human life
should be required Of the officer u}A|l-
ing an arrest, and that it is better
that misdemeanant escape than that
the power of arrest be asserted to the
extent of killing one whose offense
subjects him to only a trif1ing fine or
confinement for few days in Jail.
'This does not require the officer to
retreat before a display of violence or
deprive him of the common right of
self defense, but simply denies him
the right to use deadly weapon or
take human life in enforcing an arrest
for misdemeanor even though with
out such force the wrong doer may es-
cape.
"The arguments based on the para.
mount necessity of unfolding the law
and promptly suppressing all ten
denotes to violence and disorder arr
not without weight and FEASIBILITY
but the disadvantages likely to arise
from denying to peace officers the
right to take life in making an arrest
for misdemeanor are not more appar-
ent than is the danger to be appre-
hended from clothing every officer
with power of such extreme and
despotic character.
Nor does this permit the man who
Is strong enough to successfully re-
sist arrest or to effect an escape
therefrom to go scott free, and thus
set premium on lawlessness. Such
resistance can, at best, have but tenn
porary success The entire rover of
the city and county is at the officers
command, if such assistance be neces-
sary. And case can hardly be i'm.
agined where the wrongdoer may not
readily be brought into custody with
out bloodshed. and be made TO answer
not only for the original misdemeanor
but for his unlawful resistance of ar
rest as we'll"
Therefore. in view Of this new doc
trine. Thomas Smith of Monroe coun.
ty must "do time" for maEslaughter.
He killed Kid Sarver when Server at.
tempted to effect the rescue of S. D.
S..:ver from the officers custody,
Smith, who was peace officer. having
arrested S. D. Sarver on a charge
CT being drunk and dsorderly. HIS
defense was the right of a peace Of
fcer to enforce arrest and to defend
against attempt at rescue and escape.
and self-defense. Under the new r1lic
of the supreme court he had not the
right to shoot in defense of these for
merly recognized rights, and his CON
viction of manslaughter stands.
Howorth Bros of Woodbine have
made an assignment of their business
to H. M. Bostwick, cashier of the
First National bank. They have been
in the general merchandise business
about three years. w. y. Howortb
has been in business in Woodbine fer
many years having been in the grocery
business until the last three years.
The close times have made many &C.
counts uncollectable, and the assign.
ment followed
Charley Leonard, lad CT some T.
years, living west Of Lewis, was the
victim Of a singular accident. He was
sitting in swing while a companion
in the tree above was chopping away
some vines. The Ratchet flew off the
annie "a} in fa1NGs1 struck yuuw1
Leonard On the forehead. cutting an
ugly cash entirely through the skull,
exposing the brain. The gritty young.
ster was at school at the time and
walked over mile toward home
where he was taken up by a passing
team. The wound was dressed and
the bow is doing as we'll as could be
expected, with good chance of re
covery.
Frequent visits are paid by the Paris
police to the places where liquors are
sold, that the beverages may he chs7n.
ically examined. Specimens are sent
to laboratory, and II they are found
to be adulterated, the stock is seized
and used to drench the sewers.
Il must have new gown and coat ,
At once Great thunderation,
woman, how can you ask for a gown
md coat when you have to testify in
my bankruptcy hearing next week."
I simply have to have them. Do you
think | can face the people in the
court-room when am wearing my old
clothes ?'-lndianarolis Sun.
The dissection CT human bodies by
medical students has been practiced !
since 3. G. 800.
Edith-"Tt is true. Dolly, that Lar
kin kissed you before he picked YOU
Up In that runaway" Dolly-"Ycs !
dear; you know he Is studying to be
a doctor, and that was first aid to the
injured. "-Chicago Record.Herald. !
well" said the commander of the
Japanese force, II can see your fin