Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-09

erS were IOl dITeSteu, anu tllt law Cii-
forcers We're put in Jail for two nights, !
and nearly two days by the order of
the mayor, sitting as a magistrate I'M
der the laws OF Iowa.
Shall Mob Rule, Even if Sanctioned?
These facts present two questions:
One Shall mob rule, even when
sanctioned by policemen and deputy
sheriffs. prevail and control in Iowa?
not now discuss it,
Two. Can policeman and deputy
sheriffs, With the aid of a mayor, con-
troll the officers OF our government and
by throwing in Jail its officers when
performing their duties, block all their
efforts in enforcing its laws?
Mayor Poorly Advised.
This question l have before me for
decision Happily it is not longer for
debate among lawyers. The mayor had
no more right, nor power, nor jurisdlc-
ton to send these men to jail than did
the drunken set lounging around the sa-
loon that the policemen and deputy
sheirffs, and mob, were trying 10 pro-
tect. Mr.. Ingledue as mayor was utter
ly without authority. and his acts OF
commitment gave no authority TO put
these government officers and assist
ants in Jail. Had he consulted any
lawyer of any learning. he would have
been so advised, and had he listened
to the request of Mr. Van Vert to
send for the county attorney, Mr.. Eyer
mayer this trouble would have been
avoided.
ON Sunday when these officers were
in Jail the county attorney, learning of
the outrage, appeared and tried to OBJ
tain their release. His efforts We're fu
tile, altho 1T is not disclosed that the
mayor then knew of the opinion Of
the county attorney.
Cites Cases In Point.
q but briefly call attention 10 the
authorities.
In re Neagle, 1S5 L. S. /. was
case where bailiff pursuant to let
United States was giving protection to
a United States judge, The judge was
threatened with violence because he
had decided a case against a bully. And
as the bully was about assaulting the
judge as he was returning from court
the bailiff killed him. The supreme
court of the United States decided that
state courts could not try the bailiff for
murder.
In case of in re Waite, 81 Fed Rep.
$50, Judge Shiras of the northern Iowa
district. held that Waite, pension ex-
aminer. could not be legally tried nor
convicted Tor any act done by him
when performing his duty, altho such
acts. If done bv private citizen. would
have been a Grim under the Iowa law
.Juf1ea Shi,as v,en1 10 me aytan- nj
hc,Idjne that q underwent nf convicrion
of ,le. narsion .va,1,ira,. in H. ciistri,.
-. =. 4lo,,-a,,l7 of4,.,,.,,, -,
80 -. ,,l,.-,,.. -. 49,,
"a
-
80 an 4,ie o"s men "s's a.
~ itiVu DS sii Hi1eu Hes 81 ui'
eou's vi apl'ealS l3l shls c-lcui'' d
VIII De seen from ~ cd heP. loz. NO
oilN So put the OPINION OF Juagt
ShEfas Is clted ana approved ny tAt
supreme court OF the United states II
| the case OF ONO Is Thomas, IL
United States 2l6-2Si- In that cas-
: Thomas was the governor of a nation
al soldiers home and the state author
, tiles claimed that in managing tn
! soldiers home he Was violating stat
! criminal statute. But the suprem
: court held that such officer he va
: not amenable 10 the state laws.
4 FINALLY. not as an authority, but a
r representing M. views. l refer 10 m
e opinion in case Of in re Turner. II
r Fed. Rep 23l. In that case Maio
: Turner was an officer OF the arm,
l. building barracks for army purpose
/ near pes MONIES. held that cante.np
n proceedings against him By stat
I court we're utterly void. And under III
: authority OF the decision of the su
prene court of the United States in N
case of EN- parte Rovan. III U. S. "a
:, that PROCEEDINGS by the writ of hataa
n corpus was the proper remedy. and nc
If by suing our a writ of error after be
y ing Inundated by q conviction.
Conduct of Saloons Up to Officers.
AS Of course il is for the CITY {
a Marshalltown to have saloons or no sa
: mine. And having saloons it is f.