Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-05-19
COUNTY ATTORNEY CONTROVERSY

i GNdStOli, Silctll NlHolSdlS my SSAA -
suffer the consequences.
Interrogatory.
5. Was the recent prosecution OF the
liquor joint at Gilman brought
by you or was it started by a private
citizen?
Egermayer's answer.
The prosecution at Gilman was
started by private citizen.
Interrogatory.
6. If it is true that the prosecution
of this joint at Gilman was commenced
by you, is this the beginning of your
aggressive campaign against these
open liquor joints? Is this new policy
to continue thru your second campaign
for denomination?
Egermayer's answer
I have inaugurated no new policy In
regard to the prosecution of the al
legged liquor joints.
Interrogatory.
z. Do you consider it the duty Of
the county attorney to take any action
against these illegal liquor joints,
without requiring information to be
first filed and sworn to by some pri-
vate citizen?
Egermayer'S answer.
Yes. Whenever complaint is made,
supported by credible evidence, 1t is
the duty Of the county attorney to sub
init such evidence to the grand jury
and Section 2413 provides, "if any
credible resident Of any county SHALL
before justice of the peace for the
same county, make written informa-
ton, supported by his oath or affirma-
ton, that, he has reason to believe, and
does believe, that any Intoxicating liq-
uor, described as particularly as may
be in said information, owned or kept
by any person named or described In
said information as particularly as
may be, and Is intended by him to be
sold in violation Of the provisions OF
this chapter, said justice shall, upon
finding probable cause for such infor-
nation, issue his warrant Of search,
directed to any peace officer In the
county, describing as particularly as
may be the liquor and the place de-
scribed in said information, and the
person named or described in said in
formation as the owner or keeper OF said
liquor, and commanding the said officer
to search thoroughly said place, and
to seize the said liquor, with the yes
sells containing it, and to keep the same
securely until final action be had there
on; whereupon the said peace OFFICER
to whom such warrant shall be deliv-
cred shall forthwith obey and execute.
as effectually as possible, the COM
mands OF said warrant, and make re-
turn Of his doings to said justice, and
shall securely keep all liquors SO
seized by him and the vessels contain
ing them until final action be had
thereon" and Section 242S provides,
peace officers shall see that all pro-
visions OF this chapter are faithfully
executed within their respective juris-
dictions, and when informed, or they
have reason to believe. that the law
has been violated, and that proof
thereof can be had. they shall file an
information to that effect against the
offending party before a magistrate
who shall thereupon proceed according
to law. Upon trials Of such causes. the
county attorney shall appear for the
state, unless some other attorney. SEE
lected by the peace officer who filed
the information, shall have previously
appeared. Any peace officer failing to
comply with the provisions of this sec
ton shall pay fine OF not less than
ten nor more than fifty dollars. and a
conviction shall work a forfeiture of
his Office. Every peace officer shall
give evidence, when called upon, or
any facts within his knowledge tending
to prove a violation Of the provisions
Of this chapter, but his evidence shall
in no case be used against him in any
criminal prosecution"
You will observe that the law pro-
vides that any credible resident Of the
county, may file information before
Justice, and said Justice shall upon
finding probable cause for such infor-
nation issue his warrant of search, etc.
Also any peace officer when informed
or has reason to believe that the law
has been violated and that proof there
Of can be had shall file an informa-
ton. He has no right to act upon
conjecture, or mere suspicion or idle
rumor, neither should the county at
torney, but before costs are incurred,
there should be some reasonable belief
of guilt founded upon tangible facts.
am not peace officer, detec-
tive nor spy, and will not go out to
work up cases but shall do my duty
when complaint is made upon probable
cause. !.
Interrogatory.
3. During the time you have been
county attorney has there been a prose-
cution Of any violation of the liquor
laws commenced by you upon your
own motion, and IL so when?
Egermayer's answer.
No. Only when complaint has been
made by some one who claimed to have
knowledge or reason to believe that the
liquor laws were being violated.
Interrogatory.
Q. You refer in your announcement
to having caused the slot machines to
be removed from the city of MARSHALL
town. You state 1t as one of your most
important accomplishments in your re-
form program. Is 1t fact that during
all your first term of office when slot
machines were kept out Of MARSHALL
town, such slot machines were allowed
to run openly in the small towns of the
county?
Egermayer's answer.
Passing your misconstruction of my
announcement say in answer to ques-
ton 9. I have no knowledge that slot
machines are or have been running In
small towns Of the county. Complaint
came to me that slot machine was
operated at Ferguson and Immediate
ly notified the party to take it out and