Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1921-04-07
SPECIAL NOTICE
Audubon, Iowa,

April End, 1921
To every Constable, Marshal,
in the County, and to the Sheriff and
Deputy Sheriff thereof:
Repeated complaints have come to
this office of the violation of the
laws of the state applying to and reg
ulating the use, sale and handling of
intoxicating liquors. 1t has been re-
ported that there has been a great
deal of drunkenness, boisterous con-
duct, and unseemly conduct in gener-
al. In spite of these reports there
have been no arrests Hereunder, or
other action on your part to stop it,
In fact il is also reported THAT in some
instances some of the above named
peace officers have knowingly neg
lected and failed to enforce the laws
when infractions were called to their
attention, and have thereby condor
ed and acquiesced in such violations.
For your information your atten-
tion is respectfully directed to the
following sections Of the Code of
Iowa: u
Section 24O2 of the Code of Iowa
provides as follows:
IF any person shall be found in a
state OF intoxication he is guilty of
misdemeanor, and any peace officer
shall without warrant take him into
custody and detain him in some suit
able Mace until an information may
be filed with some magistrate and a
warrant of arrest issued, after which
he shall at once be taken before the
magistrate issuing the same, or, IL
for any reason he cannot act, to the
next nearest one, where he shall be
tried and if found guilty, shall be
fined in the sum of not less than five
nor more than twenty-five dollars
and costs of prosecution, or imprison-
ed in the county Jail not more than
thirty days. The penalty or any por-
ton of it may be RENTED by. the
magistrate before whom trial is had
and the accused discharged from
custody, upon his giving information
in writing under oath stating when,
where and of whom he purchased or
received the liquor, which produced
the intoxication, and the kind and
character of this liquor, and, in addi-
tion, giving bail for his appearance
before any court to give evidence in
any action or complaint to be COM
menced or preferred against such
party for furnishing the same"
Section 242S of the Code of Iowa,
provides as follows
peace Officers shall see that all
provisions of this chapter are faith
fully executed within their respective
jurisdictions, and when informed or
they have reason to believe, that the
law has been violated, and that proof
thereof can be had, they shall file an
information to that effect against the
offending party before a magistrate
who shall thereupon proceed accord
ing to law.
Any Peace Officer failing to comply
with any of the provisions of this
section shall pay fine Of not less
than ten nor more than fifty dollars,
and conviction shall work for
fixture OF his office. e.
You will each of you note from
the above sections that every drunk
man is subject 10 arrest on sight, and
he can either take his choice OF fine
and Imprisonment, or either of them,
or else by turning evidence in behalf
Of the state he can have part or all
thereof RENTED. 1t appears to this
office that this statute will effect
lively stop the things complained of,
and strike at the source of the trou-
BILE as well. You will note that it is
not necessary to have a warrant in
order to arrest but that information
and warrant can be filed and secur-
ed after the arrest has been made.
II is expected by this office that
both the provisions quoted will be
enforced strictly and to the letter.
The same is true of all other pro-
visions for the preservation of the
peace and quiet of this community.
In case the first section is not en-
forced by you II will be necessary for
this office to proceed under the pro-
visions of the second section quoted.
There have already been complaints
filed of attractions of the law by
peace officers under the second seer
tion quoted, and proceedings will be
had under this section for the infrac-
lions already committed as well as
those yet to be filed. 1t is the furth-
er intention of this office to make
the fact that you have received these
instructions public in order to insure
complaints being filed in case of lax
ness in the enforcement of the laws,
If any be evidenced in the perform
ance of your duties.
Your further attention is directed
to the fact that there is no exemp-
tion or exceptions in the law in favor
of man prominent in your respective
communities, or sour city, county or
township officials The clear in
tention of the statute is to punish
intoxication regardless of who is
guilty thereof. 4.
Hoping for your cooperation in
this mater to the fullest extent of
your ability and that these and all
other iMractions may be thoroughly
and finally stopped, l am :
n Respectfully,