Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-06-13
POLICE POWER
LIN | # ED BY
IOWA CO u r T
DECISION TAKES RAP AT OVER
zEALoUs OFFICER - SALOON
WORKER TO CAMPAIGN IN OK
LAHoMA.

| LAHoMA.
Des Moines Bureau Of
The Ottumwa Courier,
Des Moines, June IL.
| The Iowa supreme court rendered a
decision at the recent sitting that II
well understood throughout the state,
would cause surprise to a good many
city and town officials. The court de-
fined clearly the rights and duties Of
peace officer in the matter of max
Ing arrests and incidentally gave a
hard jolt to the ubiquitous officers
who feel called upon to make an arrest
about go often whether there is any
reason for it or not.
| In this case, which came from the
town Of Hubbard, the mayor had or
dered the town marshal to arrest one
Snyder for drunkenness. The town
marshal upon the supposition that the
mayors word was sufficient warrant.
proceeded to Snyder's house and drag
ged him out of bed. He was kept in
jail over night without any charge be-.
lug placed against him. The next
day he appeared before the mayor and
when charged with drunkenness
he pleaded guilty to being drunk on
date about week before his arrest
and on this fined. Then he sued
the marshal and the mayor.
The lower court directed the jury
that the burden Of proof was ON the
prisoner to show that he was not
drunk at the time Of his arrest, but
granted new trial because Of this
error and the supreme court says it
was an error. But the principal ques-
ton was as to whether or not the ar.
rest was legally made and the court
| holds 1t was not
Condemn Arrest Without Warrant.
"In the first place." says the court
in defining the occasion for an arrest,
% public offense must have been COM
nitted, and In addition thereto the
officer making the arrest must have
reasonable ground for believing that
the person to be arrested committed
It,"
1t not being shown there was any
offense committed at the time the ar
rest was without reason. In short, the
practice of making arresrs on suspic.
ion and without warrants Is condemn
ed.
Mccash to Oklahoma.
Rev. DR.. w. H. McCash Of this city.
state superintendent OF anti saloon
work in Iowa, has arranged to go to
go to Oklahoma next month to take
the stump in behalf of the adoption
by the people Of the new constitution
OF the state. The people are to vote
! approval or disapproyaI OF the consti.
tuition In August IL the courts do not
interfere to prevent the referendum a,
that time. The Oklahoma people asked
that DR.. McCash give at least thirty
|. days to speaking. but he may not be
able to do as much, as he has calls to
do special work in other states. DR..
McCash will go to the defense Of the
new constitution chiefly because OF
the seventh article which contains the
much talked Of prohibition provision.
This absolutely prohibits the manu-.
facture or sale Of any intoxicating Ii
, fuors in the new state for q years
and the prohibition is then to continue
In force until the people have express
ly voted 1t out Of the constitution But
during the 81 years there shall be nc
. way that this clause may be interfered
/. with. Dr.. McCash Is first and all the
time for prohibition and this topic will
be the chief one discussed, though he
Is reformer and advanced thinker
In other lines
Polygamy Barred.
!, The constitution appeals to him In
other respects also, as for instance. II
provides for barring polygamy forever
election Of senators by direct vote OF
! the people when the federal constitu-
ton permits" no railroad consolida-
ton, corporation com mission, soldiers
and army officers not entitled to vote
woman suffrage at school elections, nc
discrimination by corporations, and the
initiative and referendum in man,
. matters affecting directly the interest:
of the people. The clause for prohibit.
ton was placed in the constitutions b.
the Indians who controlled the con
: stitutional convention and they did i
+ avowedly for the protection of tnei
: own people They laid claim to tn
fact that the Indians are less thar
others capable Of taking care Of them
selves In the matter of drink and tn,
Indian delegates demanded absolute
prohibition as measure of safety. Dr.
McCash is most eloquent man and n,
will speak in the larger cities under tn
: McCash is most eloquent man and h
auspices Of those who are trying t
II secure adoption of the constitution.
1.-The class at Iowa City which pass
ed the examination for admission +
/" the BAR said Attorney General Byers
was one of the finest have ,everseer
The fact that forty-five young me-
appeared before the examiners and ev
cry one stood the test of a hard ex
animation. shows that the work Of tn
|. faculty in the law department. has bee
II thorough" This is the first time in tn
n history Of law examinations that a
le entire class was admitted on exami
nation.
lie Ex-SIayor McVicar, now of Me-
1T York formerly of Des Moines, will de
vote little time just now to the push
s ing Of the commission plan of city gov
W eminent. At first he was not very Ell
thusiastic for it, but upon making
nj study of the plan he declares 1t to b
IN the best thing that has ever been pre-
ic sented. He has made a study of mt
Il nicinal nrohlams for many wears an