Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-13
CASE BEFORE SUPREME COURT
RAISES SEVERAL INTEREST.
ING POINTS.
shERlFF's POSSE SAID
TO HAVE iNrRUDEp
Reversal Of Case From Hamilton
County Sought on Ground That De-
PENDANT Did Not Know Men Who
Broke Into House in Night Time
Were Officers.
Special to Times-Republican.

Special to Times Republican.
Des Moines, May Ex-senator D. c.
Chase had case before the supreme
court yesterday presenting two phases
of some interest. It was the appeal
case of Charles Cessna, from hamilton
county, convicted of assault to do great
bodily injury. The assault" in this
case was that Of hourishing a rife be-
| fore a sherif's posse when the latter
broke into the Cessna home to arrest
! drunkenness. Nobody was injured.
| The gun wouldn't go off, anyway.
| Last winter Senator Chase made a
/ hard fight for bill TO make it so that
it would be next to Impossible to inter-
pose the plea of drunkenness and in
toNication as extenuating crime, more
especially as a plea in explanation of
intent. But the bill failed. Now the
senator comes before the court in a
case which largely involves the con-
duct OF man crazed with drink.
But the senator makes his chief re-
lance for reversal on the theory that
in as much as the posse came unan-
| nounced, broke into the bedroom at
| night, no uniform visible, no warrant
of arrest, no statement of purpose, etc,
| that the aforesaid posse was, from the
standpoint of the defendant intruding
in such a way that he had a right to
protect himself from possible harm. In
short, he contends that an officer has
no more right in the making of an ar
| rest without warrant than any other
| person unless he makes known the fact
Of being an officer and his errand. The
| court manifested great interest in this
phase of the case.
The 'steenth hearing on the Hill
singer bill. and probably the last of the
series, was held by the governor yes
! terday. He listened to various and
sundry persons from the area affected
| by the foot and mouth epidemic, includ-
| ing Congressman Hull Senators Hill
singer and White. Representatives
kelso. Coast and Messrs. Carson,
French. Cox, Dewitt, Blake. Wallace,
Hass, Turner and others, all from that
part Of the state.
| Nothing new was brought out at the
hearing. merely the same argumen
pro and con that developed during the
| legislature. The governor rather man
| Tested iupatience with the attempt 70
fight it out on the theory that some
body had done something for which
there should be rebuke, and insisted or
having the arguments .onfned to the
merits OF the proposition.
Prof. N. Mortensen. Of the dairy de-
partment at Ames, explained to the
dairy and food convention yesterday
the details Of the work for the adoption
and use OF the new butter radema rk
for Iowa The trademark that will be
copywrited is very handsome one. I,
Will at first be used only by limited
mum Der Of the ,uttsr makers and i,
will be a guaranty OF the very highes,
quality of butter product 1t will be
the work Of the department at the col
lege and the dairy department and the
dairy association to induce a very
large number Of the creameries of the
state to turn out "a product that may
safely bear the Iowa trademark When
this is done it Is believed there will be
a very great increase in the total of re-
ceipts from sales Of butter in the mar
kets.
The new board of accountancy ap.
Into
force the new law regarding certifica-
ton Of competent accountants consists
Of the following persons recommended
by the state association:
e. G. Prouty, Muscatine, one YEA,
term.
P. L. Billings, Waterloo, two yea,
term.
E. c. worthington, Des Moines thee
year term.
The board VIII soon meet and or.
gantze. For SIX months after organiza.
ton and the going into effect of the
law the board can issue certificates tc
certified public accountants withou,
examination but upon evidence of com.
potency and having been continuously
engaged as such accounts for a. period
OF years. After that, examinations viii
be held.
Il The organization Of cavalry troop:
under direction Of Col E. c. Howell
has proceeded so far that election ha.
been had for at least one troop. TIL.
adjutant general has received word o.
the election at Riverside of Glen A
LATER to be captain Of Troop B, Of tn,
cavalry regiment
Judge Henderson, commerce counse
was here yesterday. He came from
Chicago. where he has l,een attendinf
The rate hearings SSetto-c .ha :.:sr4a..;
commerce commission and he returned
last night. 1t is expected the genera
hearing on the den,and for an increas.
in western freight rates will be con.
Guided some time this week. Jude.
Henderson and the iowa commission
have some other matters to take W
with the commission at once, includin,
the, interior Iowa cases. involving
the Iowa proportional on interstat.
rates into and out OF Iowa
Tama Ball Team Dsfests Toledo.