Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-16
COURT DEFINES SOME
OF DUTIES OF COUNTY
PROSECUTOR.
HE CAN NOT COMMAND
GRAND JuRY,s ACTION
official Wrong, Neglect Of Duty or In
competency Must Be Shown Before
Attorney Can Be Removed From
office-Increase in Per Capita Allow
ance Of State Wards to Be Asked.
,ecial to Times-Republican.

Special to Times-Republican.
Des Moines, June 16.-The supreme
court in deciding the Hospers case
from Sioux county laid down a few
general principles in regard to the
duty Of county attorney which will
be of general interest. saying:
can examination Of the record con-
vinces us the trial court was right In
finding the charge against the defend
ant was not proven. 1t is true that
there is evidence tending to show a
violation of the statute by the Standard
Oil Company, and that complaint
thereof was made to the defendant
It appears however, that either upon
his initiative or that OF some other
person the matter was laid before the
grand jury which declined to return an
indictment at that time but continued
the subject for further inquiry. This
action was probably prompted by the
fact that a similar prosecution had
been begun In a neighboring county In
which proceedings the constitutionality
Of the statute had been put in issue
and 1t was thought advisable to await
the outcome Of that case before further
action upon the complaints made by
the REALTORS. Whether that conclusion
was wise we need not consider, but
there Is nothing to indicate that 1t was
not made in good faith or that the re-
suit was in any manner subversive OF
public interests. Just what part the
defendant had in this postponement Is
not made clear. SHe has no control over
the grand Jury. He can not command
the indictment Of any person. 1t not
infrequently happens that circum-
stances attending an alleged offense
render 1t expedient that time be taken
to mature q plan of action and to Sc
cure and marshal the testimony which
will render the prosecution certain and
effective. A certain degree of discre-
ton In these respects Is conf1ded to
the prosecutor and unless he abuses 1t
or there is g. clear showing Of corrup-
ton, or negligence, or Incompetence in
the administration of his office he is
not amenable to proceedings for re-
moval. That remedy is a very drastic
one, the effect of which is not only to
deprive an individual Of an office to
which he has been regularly chosen,
but also to deprive the people Of the
services Of the man whom they have
selected for the position, and it should
be exercised only in cases Of official
wrongdoing established by clear and
satisfactory evidence. No such show
ing has been made in the case at bar
and the Judgment Diminishing the petit
ton can not be disturbed.
One OF the subjects discussed on the
side by the heads of the state institu-
tions who are here in quarterly con-
ference is that OF asking the leg1s-
lature for an increase in the per capita
allowance for support at the state In
stitutions. This ranges from $12 to
SIG month. There has been no change
in the allowance for a dozen years, the
board of control by careful and eco
nomical management, having thus far
got along without asking for more
money. But the limit Of economy has
been reached and with increasing ex-
penses Of all kinds more money must
be secured in some way. The legis-
lature will be asked to do this. An In
crease Of 81 a month for each inmate
would amount to about $500 month.
The condition of the fields on the
state farms is a high tribute to the
good sense Of John Cownie, former
chairman. For years Mr.. Cownie has
been insisting, sometimes so vehement
ly as to cause the superintendent to
feel discomfort, that it is far better to
have seed corn that you know Is all
right than to depend upon seed corn
testers. He has compelled the farm
managers to select their seed corn from
the fields prior to the time Of frost.
The superintendents here this week
state that their fields are coming fine.
One of them said the corn lay in the
ground for four weeks and then came
M in fine stand. Everyone said that
there would be no need OF replanting
on the state farms. But everyone also
said that in other fields there was a
poor stand. In southern Iowa the esti-
mate is not over 75 per cent of a stand
of corn generally. The difference be-
tween the corn on the state farms and
that on adjoining farms is due to the
care in getting the seed corn.
Hon. Guy Feeley, speaker Of the Iowa
house, who did not gain the republican
for attorney general, spent
a few days in Des Motnes this week.
He is in happy frame Of mind, says
that he feels he made an excellent race
and that all things considered he Is
well satisfied. He did not make any
accusation Of unfarness or indicate
that he was complaining OF any SUP
posed trickery such as that which has
been featured in the standpat press as
his case.