The Oskaloosa herald., 1917-05-24
WILL CLAMP LTD
ON NEXT SUNDAY
BLUE LAWS TO BE ENFORCED IN
MAHAsKA COUNTY.
INSTRUCTIONS FAR REACHING
Provisions of Statutes Cover All
Sorts Of Business and Pleasure,
and Will Work Revolution In
Accustomed Methods.


County Attorney Maxwell O'Brien
sent the following letter of instruc-
tons to the mayors of all towns, JUS
tees of peace, and all other law en-
forcing officers, of Mahaska County,
concerning the rigid enforcement of
with next Sunday. The County At
torney places the obligation of MAX
ing arrests and securing evidence of
iall violations upon these officers. All
prosecution will be handled by Coun-
Ity Attorney O'Brien.
The letter follows 3d.
To the Law Enforcing Officers of
EMahaska County--Dear Sir: 1t is my
duty and intention 10 call your at
tention to the following section of the
Code of Iowa, Section 5040, of the
Code of 1897, as follows: Breach Of
Sabbth." If any person be found on
1.-THE first day of the week, commonly
called Sunday, engaged in carrying
fire arms, dancing, hunting, shooting,
horse racing, or in any manner dis
turbing a worshiping assembly, or
private family, or in buying or sell
ing property of any kind, or in any
labor, except that necessary or char
ity, he shall be fined not more than
five dollars, or not less than one dol
lar, and be imprisoned in the County
Jail until the fine, with costs of
prosecution, shall be paid; but moth
ing herein cOntended shall be con-
strued to extend to those who consci-
entiously observe the seventh day of
the week as Sabbath, or to private
persons travelling or families immi-
grating, from pursuing their journey,
or keepers of toll bridges, toll gates,
or ferrymen from attending the
same,
In reference to enforcing this sec
tion as to Sunday closing, it is well
to refer to the fact that the Republi-
can Platform, upon which as law
enforcing officer, was elected, pro-
vides: I'VE stand for the vigorous en-
!, forcement of all laws, and unequivo-
cally pledge our candidates to. that
policy"
The last session of the Legislature
were told by Governor Harding, in
his inaugural address, on January II,
1917, that they would be responsible
for the existence of every statute
which remains in effect when they
/ had adjourned, and as fully as if they
had enacted it originally. That the
question of law enforcement was pri-
marily with the Legislature.
Section col, Supplement TO the Code
of 1913, provides: ut shall be the
duty of the County Attorney to. dill
gently enforce or cause to be enforced
in his County, all the laws of the
State, etc"
Section 20S-a Supplement of the
Code of 1913 provides: at shall be
the duty of the Attorney General to
exercise supervisory power over the
County Attorneys in all matters per-
tanning to the duties of their Office"
Section 1880, Code of 1897, provides
the oath of Office taken by the law en-
forcing officers as follows: Il do SOL
EMMY swear that | will support the
Constitution of the United States, and
the Constitution of the State of Iowa,
and that 4 will faithfully and impair
TALLY, to the best of my ability, dis
charge all the duties of the office of
..................... as enacted, or
whenever required by law"
| have received letter from the
I Attorney General, in which he re-
quests general enforcement of the
Sunday closing law set out in the
above section of the Code.
Therefore, it will readily be seen
that it is my sworn duty as law en-
forcing officer to do my utmost to
enforce this law, as well as Other
laws now upon our statute books
within Mahaska County.
| have no doubt that the enforce
ment of this law will cause no little
hardship and necessitate consider.
able REIMBURSEMENT in the ordinary
course Of many business enterprises.
No effort has been made to attempt
Il general enforcement vi the ounudy
closing law for nearly sixty years,
during which time this statute has
remained inactive, and violations of
the same were being INDUCED in as a
matter of course.
I The Legislature in good faith, at
tempted repeal of this law. or to
make some modification of the same,
but the Senate and House failed to
concur.
The Attorney General personally
interviewed the members of both
branches of the Legislature, and in
formed them that it would be his pol
icy, and that of the administration, to
make an honest effort to enforce this
law, unless repealed or modified,
The enforcement of this law, also
is the only protection laboring classes
have against unreasonable require
! ments of their employers; and both
organized labor and unorganized la
Dor have appealed to the Department
;.of Justice 10 enforce this law, Sun
1 day Is the only day a laborer may BIZ