Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-02-27
DUTIES OF OFFICERS.

sion now as to what the duties OF
notice officer are, as prescribed by
law. and whether or not 1t Is any
part of the duty of a policeman 10 en-
deayor to enforce or to take cogn'z-
ance of any offense or crime, except
those against and involving the viola
tion of city ordinance. Some peo-
nile seem to have an idea that a police
off1cer has no power or authority, ex-
cept In cases involving violation CT
some city ordinance and that II the
! crime committed Is simply violation
of state law, then the city officials
are helpless.
The duties of police officer under
the laws of the state of Iowa and the
citv ordinances Of the city of Ottu1n-
wa are very plain to those who will
read:
The policeman is a peace officer.
Code of 1897. Peace officers. The
following persons, respectively, are
designated in the code under the gen.
eral term peace officer"
1. .Sheriffs and their deputies.
Q. Constables.
8. Marshals and policemen OF cities
and towns.
It follows, therefore, that whenever
a duty is enioined under the state
1 law upon a peace officer" that the
policeman is referred to with the
, same force and effect as though he
had been specially mentioned as q
policeman instead of using the gen.
eral term peace officer"
The policeman has the same power
of arrest as the marshal.
Code of 1897. Sec. 664. Policemen
powers and duties. The officers
( and members Of the police force shall
have such powers and perform such
duties as may be provided by Law Or
ordinance, and shall have the same
powers to make arrests and suppress
riots, disturbances and breaches CT
the peace as marshals.
Code of 1897. Marshal-Duties. The
marshal shall have the supervision
and general direction of the police
force; shall be the ministerial officer
of the corporation,
suppress all riots, disturbances and
breaches of the peace, arrest all dis
orderly persons in the city or town
shall diligently en-
force all laws, ordinances and regula
lions for the preservation of publi!
welfare and good order, and have the
same power and be subject to the
same responsibilities as constables In
similar cases. y.
It will be seen from reading OF
these two sections that even if the
policeman were not a peace officer, !,
is his duty to diligently enforce all
laws" The code of Iowa does not
say shall diligently enforce only city
ordinances and such laws as he may
deen, fit.
1t has been said time and time
again that the policeman can not d1
anything toward the enforcement Of
the LIQUOR laws of Iowa until some
one hunts up the offender and files ar
information
Section 242S of the code Of 1897
defines the duties Of peace officers.
Peace officers shall see that all pro
visions of this chapter (the liquor
laws Of Iowa) are faithfully executed
within their respective jurisdictions
and when informed, or they have rea
son to believe, that the law has beer
violated, and that proof thereof car
be had, they shall file an information
to that effect against the offending
party before magistrate; who sha'
thereupon proceed according to law
Upon trial of such causes, the count!
attorney shall appear
Any peace. officer failing to compl,
with the provisions of this section
shall pay fine Of not less than ter
nor more than fifty dollars, and con
viction shall work forfeiture Of hi
office. Every peace officer shall giv'
evidence, when called upon, of an,
facts within his knowledge lending
to prove violation of the provisions
Of this chapter, but his evidence shall
In no case be used against him in an,
criminal prosecution. =
It will be seen from the foregoin,
section that while any person, know
Ing of a violation of the liquor laws
may file an information against tn
person so violating the law, the lay
contemplates that statement Of tn
facts to the peace officer, meaning pc
liceman, sheriff or constable, shall b
sufficient and that such officer shal
then proceed and file the information
and commence the prosecution.
1t follows that the policeman o
other peace officer has a duty to pei
form and that his duty does not en-
with serving any warrant that ma
be placed in his hands.
Under this section it Is not on!
the duty of the officer to enforce tn
liquor law. but failure on his par
to do so Is punishable by fine an
removal from office.
1t Eould follow that it is the dut
Of the policeman to enforce the VI
grancy laws of the state. However
the enforcement of this law is ais
specially enjoined upon the policema
and all peace officers.
Code of Iowa. Sec. 5119. VIII
deemed Migrants. The following PEI
sons are Migrants: All common pro.
titutes and keepers of bawdy house
or houses for the resort of prostitute.
all habitual drunkards, gamesters @
other disorderly persons; all person