Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-01-23
JUDGE NICHOLS RULES PETIT
COURTS HAVE NO JURISDICTION
IN NOTICEABLE oFFENsES.
MILLER, HELD FOR
1ooTLEGoING, RELEASED
Court Frees Him, Not Because Of
Sympathy For Miller, But Because
Justice Had Tried the Case When
He Had No Authority to Do So -
Miller Rsarrested.

A justice of the peace has no juris-
bootlegging cases. He has authority to
inquire into such cases when brought
before him and to hold the defendant
to the grand jury, but he has no au
tnorlty to fine or sentence TO Jail a
person arrested for selling liquor IL
legally. Such was the summarized rul-
ing of Judge Clarence Nichols, made in
the district court this morning when
the court released from Jail and dis
charged William Miller. who was be-
ing held for selling liquor illegally.
Miller was brought into court on a
writ Of habeas corpus, which the court
granted Wednesday afternoon. Before
Miller had left the court room he was
arrested by Chief Of Police Clark on a
warrant from the federal court at Des
Moines. This complaint charges Miller
with selling liquor without a federal Ii
cense.
In Jail Forty-Four Days.
Miller has been in Jail forty -four
days. He was committed by Justice
Willard after being convicted of boot
Logging. He was fined 800 and the
costs, and was sent to jail until both
fine and costs were paid. Not having
the money. and not being able to pro-
cure il. the circumstances indicated
that Miller was likely TO be a prisoner
for a long time.
Judge Nichols heard Of the circum-
stances of the case Wednesday after
noon and asked 20 have al. application
for writ prepared. The courts ruling
was made not on the merits Of the al
legged offense for which Miller was
Jailed, but on the law prescribing the
limitations Of the jurisdiction OF JUS
tice of the peace.
Justice Followed tho Law.
Justice Millard in committing Miller.
followed the letter Of the law. as
amended by the last general assembly.
This law reads that when convicted for
illegally selling liquor the prisoner shall
be committed to jail until the fine and
the costs are paid. This amendment
contains no qualifying clause. but the
former law was amended by the pen
atty being increased by the maximum
being raised to 5000. The amendment,
the court held, makes the offense an in
dictable one.
Judge Nichols ruled that selling
liquor illegally was an indictable Of
Tense. and being such the justice had
no Jurisdiction to try the case. He
sustained the claim made in the appli-
cation that Miller was being deprived
Of his liberty. and that the justice had
no authority to commit him for longer
than thirty days The court upheld
this law that the limitation Of Justice
authority is 500 fine or thirty days in
Jail.
No Sympathy for otfense.
give no time for man who engages
in this business" said Judge Nichols
He added that he felt as did Judge
Caswell. when the latter once said from
the bench that he believed that all
bootleggers and illegal liquor sellers
should be herded in a hug corral: but
the question might be raised. if such a
measure was taken, that the statute
prohibiting unusual and cruel punish
nent had been disregarded by compeH-
ing such booze" peddlers TO herd with
each other.
Court Would Pay Costs.
Because the sheriff's officers had fol-
lowed the instructions Of the Justices
court, Judge Nichols said he would
make an order assessing the costs to
Marshall county.
This caused County Attorney Daily
to remark: The county will resist an
effort to tax the costs to the county"
We'll in that case, If these small
costs would be burden on the county.
and I can not do any better. I'll remit
the costs insofar as the county is con-
/ cerned I do not want to impose a
F., burden on the county, and If il feels
| that these costs are a burden III pay
them myself"
| The county attorney had no addition
| al comment to make.
! Chief of Police Clark has had the
! federal warrant for Miller for several
weeks as 1t was thought that Miller
might be released after h. had served
thirty days The federal court was
notified last night that Miller would be
arrested this morning. and deputy
| United States marshall is expected to-
D1~ NF%3r