Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-09
MCPHERSON SCORES
LOCAL OFFICERS
JUDGE OF FEDERAL COURT USES
PLAIN LANGUAGE IN VAN
VERT CASE OPINION.
DECLARES MOB HERE WAS
LAWLEsS AND DlSGRAcEFUL
Instead of Arrestins Law Breakers,
Mayor Caused Arrest and Detention
of Law Enforcers, Says court-Says
Mayor Should Have Consulted Law
yers of Learninss-opinion in Full.

Mayor Should Have Consulted Law
yers of Learnnss-Opinion in Full.
/ Declaring that the mob that sur
rounded Special Agent E. E. Van Vert.
of the United States interior depart
ment, in this city on the night of Sept.
! 25. was lawless and disgraceful. and
that the mayor, instead of arresting
the law breakers. caused the arrest and
held the law enforcers. Judge Smith
court at Davenport, numerically scored
Mayor o. L. Ingledue and his officers
in giving an opinion in the Van Vert
habeas corpus proceedings
The court asks the question shall
mob rule. even If sanctioned by police
men and deputy sheriffs, prevail in
4 Iowa. and says that it is up TO the city
officers TO determine whether saloons
shall be conducted orderly or riotously.
Judge Mcpherson also declared that
the mayor had no more right, nor
power. nor jurisdiction, to send these
men TO Jail than did the drunken sot
lounging around the saloon that the
policemen and deputy sheriffs, and
mob. were trying 70 protect"
The court also says that Mr.. 1ngle-
due, as mayor was utterly without
authority in placing the government
IN ipi1
Had the mayor consulted any lawyer
of learning" the court says, he would
have been 50 advised
JUDGE Mcpherson's Opinion.
The opinion of Judge Mcpherson in
The case is as follows: IN the district
: court of the United States. southern
district If iowa Davenport division
The United States of America vs.. Alva
Nicholson. sheriff, in r.. Van Vert. et
: al:
"E E. Van Vert. F. C. Smith, w.
II. Holt and W. \. Talbert We're ar
rested ny the police of Narshalltown
: Iowa. the evening of Saturday. Sept
.. 1909. and taken before the mayor
Some OF them were charged with car
rving concealed weapons. disturbing
/ the peace. etc. and one of them witt
va gTanCE. i he it41 NlL Nt'4LAt4il ~. S-4N-
: all 10 jail and sci the hearing for tbs
, following Wednesday. urging as an ex-
\ clsa for tha delay that he desired L
be out Of town until that time. He fixe(
the bail a. $500 each, but al5ho bal
vas offered on one pretense or anoth
er bail was denied as was all com
nunica-ion with their families, an
| attorneys. until Monday, when thei
n
they Law in Jail without beds. othe
han one blanket each on an iron graf
"a ing. and practically without food
81 since then their surecies. no doub
80 With their consent, surrendered then
so 10 the sheriff. II is due the sheriff rha
SIS I saw none Of these abuses We're com
40 naitted by him in person.
10 Were Federal Officers.
* evan Vert holds a commission fror
Is the United States government as a
TX agent and police for the suppression G
90 the sale of liquors to Indians. Talbel
IN held the position of police and farm
~ err for the Sac and Fox tribe in Tam
% county. R. G. Smith is a minister of II
az gospel and missionary among II
tribe. Holt is an Indian of the Wiz
uf nebago tribe
n Were in Line Of Duty.
re at has been the effort of Mr.. Va
Vert for some time to break up II
80 sales Of liquors to these Indians. Sue
has been the policy of our governme1
ed from It's organization. for reason
~. known TO all But recently many of Il
Indians were drunk, and upon invest
'er CATION it was learned that the liquo
IL were obtained at Marshalltown. Their
n Marsh a 11tNu
to investigate the matter, and asce
tain who was selling liquors to Il
dams. The Indian. Holt. purchased tv
va. bottles of liquor. He was then sent
. saloon 20 make another purcha:
a and the liquor was refused him.
course all this was done to procu
evidence as TO who was and who W
I not of the saloon men of the city Sc
I ing to Indians.
4 Was Lawless and DisgracefuI Mob
! Upon being refused by the one 5
loon keeper bartenders, and probal
a spitoon cleaners. and half drunken m
4 were threatening the Indian with V
Il lence when Van Vert, Smith, and T
| bert went to the rescue of the Indit
I Just what was done in all details, "
1 not made known, limiting the e
dence to the matter in hand, for
I reason that the mayor, deputy sheri
I policemen and others have just bs
in this court indicted for conspiring
prevent United States officers fir
performing their duties. All the ia
will be brought out on the trial of
nit Indictment. which has just been
mitted to the Des Moines term.
lit But enough facts have been elici
. to show that the four men were o
GERS, and assistants, engaged in
forcing a valid and most righte
MD statute Of the United States max
it crime to either sell or give liqu
Fits to Indians, wards of the governm
Just who were in the mob, is not Fl
covered by the evidence. nor have tn
who are indicted yet been heard cit
as witnesses or by counsel befor
jury. But sufficient is disclosed to
quire me to find that it was a law
and most disgraceful mob, all bent
showing their friendship for the sal
and drunken element of the city,
lint their indignancy towards the Off
and Of the government, who had the r
elf. and as was their duty to procure
Eats 6ence just as they were procuring
old Arrest Law Enforcers; Law BreaI
ices Escape.
,0d. II endorse the action of the gov,
-. ment's officers in so far as disclosed