Omaha daily bee., 1910-07-17
Council Bluffs
ORDINANCES VS.STATE LAWS
Conflict Arises Over vagranOy Pro.
vision Of City.
NEW ORDINANCES TO COME
CITY Solicitor IStmbal win Draft
One that VIII Not Clash
with the Iowa
Statutes.


Conflicts between the Council Bluffs city
ordinances. and the Iowa state laws. which
have long sustained strained relations.
have almost reached the point OF open
hostility In the administration Of the city
polices statutes, Many Of the ordinances
are In conflict to more or less degree with
the state laws and have been frequently
Questioned. but have been uniformly
enforced without serious protest But dur
ing the last few days several Of them have
been challenged and prosecutions under
them have met SUCCESSFUL opposition.
Thursday morning II was discovered that
there was no city ordinances or state law
defining and prohibiting "disOrderiy con-
duct" and the disorderiy charge brought
against Mrs. Emma Metcaif. three other
women and two men found in the road
house on West broadway. which the woman
owns was dismissed. Yesterday morning
the city's vagrancy law was likewise sue
cessfully attacked. to the extent at least
OF Police Judge Snyder, on the demand of
Attorney Verne Benjamin. agreeing to con-
tlnue the case until this morning.
Several were arraigned on the vsgrancy
charge but the case In which Attorney
Benjamin was interested was that Of John
Booten. When the case was called the
attorney asked for dismissal on the ground
that the oity's "vaE' ordinance copflicted
with the state vagranoy law In two i'm
portant essentials, a different definition of
tho offense and a penalty not prescribed
by the state statute.
The Iowa law defines Migrants as habit
ual drunkards, gamblers, prostitutes all
persons travelling about and having
no visible calling to maintain themselves,
beggars, persons going about collecting
aims under false and fraudulent pre-
lenses and all persons playing at games OF
chance or betting on any street public
or open place.
Method of Procedure.
The law presorlbes that such persons
shall be arrested upon a warrant based
upon q sworn complaint filed In q proper
court. The penalty prescribes that any JUS
tice or qualified peace officer shall exact
a bond from the accused to the amount of
800 guaranteeing his good conduct for a
full period OF one year. II he Is unable to
give such a bond the justice or court is
required TO send him to the county jail
where he shall be held until the next term
OF the district court soonvenses when he
may be given jury trial. IL convicted,
the district court Judge may send him to
Jail for six months unless he is finally able
TO furnish the original peace BOND. The
code says the jail sentence must DO con
finement in the county jail for six months
at hard labor" -
The city's vag ordinance IL very simple
affair. brushing away about all Of the
ponderous procedure Of the state law, de-
filming Migrants as persons without visi-
bic means OF support" Attorney Benjamin
has been called into the defense in q
number of vag cases and each time the
case was dismissed rather than have the
municipal law submitted 10 ruling by a
y higher court Several years ago Mr.. Benja-
min appealed such a case to the district
court and Judge w. r. Greene was deliv-
ering a verbal opinion holding the ordi'
nance to be invalid when proceedings were
stopped by the city attorney diminishing
the case.
II all OF the vag cases were'brought undei
the state law the county jail would have
to be enlarged TO the dimensions OF stat
prison to accommodate the big grists tina
are daily ground through the police eour
mill City Solicitor Kimbal win endeavo
to frame a city ordinance that will no
conflict with the state law.