Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-01-20
II Cossan's Bills Pass Legisla-
Sture City and County Author
" tiles Will Be Busy
DUTY TO ENFORCE THE LAWS
County Attorneys, Mayors, sheriffs and
Other Officials May Be Removed by
Governor for Failure to Enforce
Statutes and Preserve the Peace
Other Iowa News.
Special to Times-R Republican.

Special to Times Republican.
/ Des Moines, Jan. 2o.-The three Law
enforcement bills prepared by Senator
Cossan and approved by Attorney Gen
eral Byers We're introduced in the sen.
ate yesterday, and are attracting con.
siderable interest. One bill defines tn,
duties of the county attorney and com.
lpels him to enforce all laws another re.
quires sheriffs to preserve the peace Of
his community or be subject to remova
by the governor, and the third, which
is similar In its objects to the others
makes it incumbent upon all city ant
county officials to see that the laws
are enforced.
The third bill is as follows:
Section L. All county attorneys
tsheriffs, mayors. police officers, mar
shals aud constables may be removed
from office by the governor upon
charges made in writing and trial
Hereunder, for the following causes:
| 1.--For habitual or wilful neglect of
duty.
For wilful misconduct or malad-
ADMINISTRATION in office.
3.-F'or corruption
flor extortion.
6.-Upon conviction of felony.
6.-For intoxicatfon or upon con-
viction of being intoxicated.
Sec. 2. The complaint or petition
h> 1nI 3,, ~, - -
state OF Iowa. and may be filed upon
the relation of the attorney general.
the cour1g attorney OF the county or
of any five citizens Of the county,
township, city or town In which the
person~charged Is an officer, The petit
ton, unless filed by the attorney gem
eral. shall be verified. and the accused
snail be named as defendant. The pc
tition shall be filed with the governor
and shall state the charges against the
accused and may be amended as In or
binary actions, and upon such terms as
the governor may prescribe.
Sec. 8. Upon the filing of said Pc
tstion with the governor, he shall make
an order fixing time when, and a
place where, the matter will be heard.
and shall cause copy of such order,
together with copy of the petition
flied in his office. to be served upon
the accused officer at least ten (10)
days before the date fixed for such,
hearing.
Sec 4. Upon the filing Of the petit
tion the governor may suspend the ac-
cused from office until determination
of the matter. If in his Judgment suffis
cient cause appear from the petition
and affidavit which may be presented
in support of the charges contained
therein, and in case OF suspension, as
herein provided, the temporary va
cancy shall be filed in the manner
specified in section 1857 Of the code.
Sec. s.. The accused may, at any
time prior to the time fixed for hear
ing, file with the governor his answer
which shall be verified. The governor
may conduct such hearing or examin-
alton in person. or he may appoint a
commissioner to make the investiga-
ton, take the testimony and make re-
port thereof within such time as may
be prescribed in the order making such
The governor, or COM
missioner SO appointed, shall have au-
thority to administer oaths and issue
subpoenas for the attendance OF Wit
nesses and the production of evidence,
and may make and enforce such orders
and rules as are necessary to properly
conduct such hearing or investigation.
Ad1ournments may be had from time
to time for good cause shown. The
testimony shall be taken down in writ
ing by stenographer appointed by the
governor for that purpose, and whose
compensation, as well as that Of the
commissioner. II one is appointed, shall
be fixed by the governor in the order
making such appointments
Sec 6. II any witness shall fail or
refuse to obey q subpoena issued by
the governor or the commissioner, as
the case may be, or refuse to testify
to any matter concerning which he
may be INTERCEPTED, he shall be guilty
Of aarr1isd4meanor. No person shall be
excused from testifying or from pro-
ducfng any evidence on such hearing
or investigation, for the reason that
the testimon or evidence, documentary
or otherwise, required OF him may tend
to incriminate him, but no person tes-
Trying shan be prosecuted for or on
account OF any transaction, matter or
thing concerning which he may have
so testified or produced any documen-
tary evidence.