Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-06-26
GATHERED BY THE wAYs1DE

were not produced, but they were not
But some valuable information has
been lately turned up which almost
fully corroborates the story told by the
Rainsbargers. Governor Carroll based
his refusal to grant clemency on the
theory that this mortgage deal TOOK
away the only basis for the claim OF
alibi II 1t should turn out that no
matter what the records now may
show the story as told by the defen-
dants at the time Of the trial and since
was true, q new phase is added to this
famous old case. 1t Is anticipated that
in due time some OF the new evidence
will reach the proper authorities.
About every so often the supreme
court has to make ruling that will set
right some OF the men who act AZ Of
ficials in the state. There is an assump-
ton that one clothed with official title
has some special and highly important
rights and privileges. hence good deal
of trouble in which town marshals,
deputy sheriffs and others figure. An
instance of this occurred this week.
The supreme court sent back for trial
again Lie SdSS " NAioLASS SSSSAiSs ~
Hamilton county. because the sheriff or
deputy sheriff overreached his author
ity. Cessna had been drunk and dan
gerous at his home and his wife had
asked officers to come and protect her.
A posse went to Cessna's house, after
he had become quiet. and rushed to his
room at night to arrest or overpower
him, and Cessna met them with gun
%1,,% Ir't off a Nlyo0
of assault with intent to do great bodily
injury. But the main point in the case,
that which was the turning point Of the
decision. was that the posse did not
haze any warrant nor inform him as
TO the purpose, and il fact went there
as any aggregation of mec.
THE sheriff with his posse entered
in the night time without any intima-
ton as their purpose" said the court
in reversing the case, ..and ao might
have been found, unknown by defend
ant to have been officers OF the law.
Had the sheriff intended to arrest him.
ne should if afforded an opportunity SO
to do, have so informed him and also
of the cause of the arrest, of his author
itS to GO so. that he was peace officer
and that defendant must submit. Being
rested. the defendant might have
assumed that the sheriff md his posse
were intruders and have taken such
reasonable precautions to protect his
home as an ordinary cautious man
would under like circumstances. The
doctrine that every mans house, how
protect it against invasion. had its
ha IF tho hn6v
polite as well as of individuals de-
pended on the maintenance of the in
volatility of homes as castles, and it
maintenance Of the inviolability of
houses as homes"
IN short, the fact that the posse was
right Of invasion Of a home even for
like a mob might enter.
In the very closing days Of the Illinois
there was agreement
reached on the bill to apply the injunc-
ton method for closing vice resorts. 1t
is supposed the bill as finally passed II
very similar to the one which passed
the Iowa legislature last winter and has
been adopted for the District OF Co
lumbia. It is significant that altho the
bill was pending all thru the session OF
the Illinois legislature 1t could not be
got thru until almost the last thing.
such was the power Of influences In
opposition. The Illinois legislature con-
tinued in session until last Saturday
night when it finally adjourned. One Of
the bills that caused delay was trouble
over the terms of their omnibus appro-
priation bill, which carried SIS, 900. 900,
as against two or three hundred thous-
and in the corresponding bill in Iowa.
The Wisconsin legislature Is still grind
Ing away.
In short time there will be q ma
terial change in the door Of the main
story of the Iowa state house and the
glass circular floor which serves as .
skylight for the basement floor will be
taken out. A railing will be put around.
similar to the one on the second story.
and there will be large opening in the
floor under the dome. This is being
done on orders Of the legislature itself
an dnot by the state officials on their
own motion. In the opinion OF very
many persons the change will be detri-
mental to the appearance of the main
corridors of the building. The sole
excuse is that 1t will afford some bet
ter ventilation to few of the offices on
the basement floor. that were never in.
ended for office rooms.