Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-06-11
Supreme Court Gives a Jolt t.
Ubiquitous Officers Who Make
Arrests Promiscuously
DECISION IN CASE FROM HARDIN
Must Be Reasonable Grounds for Be-
ievins Person to Be Arrested Com
mitted offense-Mrs. Jennie HuesIe
Loses superintendency Of Polk coun-
ty Schools Under Courts Decision.
Special to Times-Repub1ican.

prene court rendered a decision at
the present sitting that, If well under
stood thruout the state, would cause
surprise to a good many city and town
officials. The court defined clearly the
rights and duties Of a peace officer IN
the matter of making arrests. and in
cidentally gave a hard jolt to those
ubiquitous officers who feel called up
on to make an arrest about so 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
dragged him out of bed. He was kept
in Jail over night without any charge
being 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 was fined. Then he sued the mar
shall 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 it was not.
I'm the first place." says the court
in defining the occasion for an arrest,
"a public offense must have been com
mitted, and in addition thereto the Of
ficer making the arrest must have rea-
sonable ground for believing that the
person to be arrested committed it,"
1t not being shown there was any Of
fense committed at the time, the arrest
was without reason. In short, the prac-
tice of making arrests on suspicion and
without warrants is condemned.
Mrs. Jennie Steele Huegle, who has
been the center of bitter fight for a
year or more, must relinquish the Of
flee of county superintendent Of
schools, under decision announced
by the supreme court yesterday.
1t is held by the court that the new
teachers certifcation law requires
county superintendents to hold a Ger
tain kind of certificate to teach, issued
by the state board of educational ex-
aminers. Such a certificate Mrs. Hue
gle does not hold and, therefore, the
court says she Is not entitled to hold
the office, tho elected to it by the
people.
That certificates issued as was the
one held by Mrs. Huegle are invalid
and that those holding this class Of
certificates are not entitled to teach
is not part of the decision. The
court says that it expressly does not
pass an opinion on Mrs. Huegle's right
to teach on the authority of her GER
tificate; it only decides that it is not
the kind of certificate which entities
iaer to hold the office to which she
was elected. Many teachers hold the
same kind of certificates. This was a
first grade certificate issued by a
county superintendent under section
2737 of the code, good for two years,
and issued before the new law went
into effect.
GAS to whether this certificate was
suspended, cancelled or set aside" by
the new law 1--WE have nothing to do at
present" says the court which is
dealing only with question of quail
fication for office. This qualification
was provided in an act which was in
full force when Mrs. Huegle was
elected and the court requires differ
ent kind of certificate than the one she
held.
Under the law the board Of super
visors has power to fill the office of the
county superintendent in case of va
cancy. In view of Mrs. Huegle's elec-
ton by the people 1t has been sug-
gested that she be appointed; outgoing
County Superintendent Zenas G..
Thornburg, in whose name the suit to
oust Mrs Huegle was brought has
been suggested for appointment. Mrs.
Huegle defeated Mr. Thornburg for
nomination at the primaries of 1905.
w. S. Athern, who had much to do
with the fight to prevent Mrs. Huegle
getting the office, has been proposed
for appointment.