Hide Article Text (OCR)
SATURDAY, February 27, 1909.Tri-Weekly Courier.BY .HE COURIER'PRINTING CO.Found sc* August 8, 1848.Member of the Leo NewspaperSyndicate. , _ .A- W. LEE..................President“ T; F. ...........Pub''5.^K. DOUGHERTY. .Managing EditorSUBSCRIPTION RATEO.Dai: Courier, 1 year, by mall ••••*??! Weekly Courier. 1 year....... 1*#wOffice: 117-119 East Second StreetTelephone (editorial or buslnesi office) No. 44 . -rtTT,■ - ddreos the Courier Printing Com-Pony, Ouumwa, Iowa.Entered as second clous October 17. 10C3. at the postomce, ux-tumwa, Iowa, under the Act of Congrc. of March 8. 1879.DUTIES OF OFFICERS.There seems to be quite a discussion now as to what the duties of a police officer are. as prescribed ny low. and whether or not. it is any part of the duty of a policeman to en-deavor to enforce or to take cognisance of any offense or crime, except those against and involving the violation of a city ordinance. Some people seem to have an Idea that a police officer has no power or authority, except In cases Involving a violation of some city ordinance and that if the crime committed Is simply a violation of a state law. then the city officials are helpless.The duties of a police officer under the laws of the state of Iowa and the city ordinances of the city of Ottumwa are very plain to those who will read:The policeman is a peace officer.Code of 1897. Peace officers. The following persons, respectively, are dcslgnatod In the code under the general term peace officer:”1. Sheriffs and their deputies.2. Constables.3. Marshals and policemen of cities and towns.It follows, therefore, that whenever a duty Is enjoined under the state law upon a peace officer” that the policeman Is referred to with the same force and effect as though he had been specially mentioned as a policeman.” instead of using the general term peace officer.The policeman has the same power of arrest as the marshal.Code of 1897. Sec. 664. Policemen —powers and duties. The officers and members of the police force shall have such powers and perform such duties as may be provided bv LAW or ordinance, and shall have the sama powers to make arrests and suppress riots, disturbances and breaches cf the peace as marshals.Code of 1897. Marshal—Duties. The marshal shall have the supervision and general direction of the police force; shall be the ministerial officer of the corporation. •*•••• suppress all riots, disturbances and breaches of the peace, arrest all disorderly persons In the city or town, • ••*•• shall diligently enforce all laws, ordinances and regulations for the preservation of public welfare and good order, and have the same power and be subject to the same responsibilities as constables In similar cases. *••••.It will be seen from a reading of these two sections that even if the policeman were not a peace officer. lt;t Is his duty to diligently enforce all laws. The code of Iowa does not say shall diligently enforce only city ordinances and such laws as he may deem fit.It has been said time and time again that the policeman can not do anything toward the enforcement of the liquor laws of Iowa until some one hunts up the offender and flies an Information.Section 2428 of the code of 1897 defines the duties of peace officers.Peace officers shall see that all provisions of this chapter (the liquor laws of Iowa) are faithfully 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 he had. they shall file an information to that effect against the offending party before a magistrate; who shad thereupon proceed according to law. Upon trial of such causes, the county attorney shall appear • • • • *Any pence, officer failing to comply with the provisions of this section shall pay a fine of not less than ten nor more than fifty dollars, and a con-vlctlon shall work a forfeiture of his office. Every pence officer shall give evidence, when called upon, of any facts within his knowledge lending to prove a violation of the provisions of this chapter, but his evidence sh ill in no case be used against him in any criminal prosecution. • * * It will be seen from the foregoing section that while any person, knowing of a violation of the liquor laws, may file an Information against the person so violating the law, the law contemplates that a statement of the facts to the peace officer, meaning policeman. sheriff or constable, shall be sufficient and that such officer shall then proceed and file the Information and commence the prosecution.It follows that the policeman or other peace officer has a duty to perform and that his duty does not end with serving any warrant that may be placed in his hands.Under this section It is not only the duty of the officer to enforce the liquor law. but n failure on his part to do so is punishable by a fine and removal from office. ,It i/ould follow that It is the duty of the policeman to enforce the vagrancy laws of the state. However, the enforcement of this law Is also specially enjoined upon the policeman and all peace officers.Code of Iowa. Sec. 5119. Who deemed vagrants. The following persons are vagrants: All common prostitutes and keepers of bawdy houses or houses for the resort of prostitutes, all habitual drunkards, gamesters or other disorderly persons; all personswandering about and having no visible calling or business to maintain themselves. • • •Sec. 5121. Arrest. Peace .officers shall arrest any vagrant whom they may find at large and not in care of some discreet person, and take him before some magistrate of the county, city or town in which the arrest Is made.Under this section. 5121. the duty to enforce this law and arrest vagrants Is placed upon the policeman, as well as other peace officers.Sec. 5134. Who deemed tramp. Any male person sixteen years of age or over, physically able to perform manual labor, who is wandering about, practicing common begging or having no visible calling or business to maintain himself, and is unable to show reasonable efforts in good faith to secure employment, is a tramp, and any person convicted of being a tramp shall be punished by imprisonment at hard labor in the county jail. • * •So It would seem that city officials can enforce this law.Sec. 5139. Unlawful fees. Any officer or magistrate who shall conspire with any person * * * to evade the provisions of this chapter, or who shall, with such intent, in any manner or by any means, encourage a tramp to remain within his jurisdiction or come within the same, shall bo fined not exceeding one hundred dollars.thofis!slitath11'siththtoInbefhb(atklt;Tc.cafn»IfoitlUhtlwnliifIt is. therefore, not only the duty of the policeman to enforce the vagrancy law. but knowingly failing to enforce it is made a misdemeanor.Under another section the policeman, as a pence officer, Is specially given the dutv of enforcing the law against the sale of cocaine. Codo supplement Sec. 2596-c.There are many other sections of our code which give the policeman power to and make it his duty to enforce all state laws.The policeman, in his oath of office, binds himself to the enforcement of not only the city ordinance, but the state law, as well.Section 1215. Revised ordinances of Ottumwa, Iowa. Every policeman and watchman, before entering upon hiB duties as such, shall take and subscribe an oath to support the constitution of the United States, and the consltution of the state of Iowa, and to faithfully and honestly, without fear, fraud or oppression, to the best of his knowledge and ability, perform the duties of policeman aiul watchman of the city of Ottumwa.The next section prescribes what his duties shall be.Sec. 1216. Revised ordinances. It shall be the duty of even' policeman and watchman of the police force of the city, at all times of the day and night, within the boundaries of the city of Ottumwa, to preserve the public peace, prevent cYimes, arrest offenders. protect the rights of persons and property, guard the public health, protect travelers at railroad depots, and other public places, preserve order throughout the city, and especially at all public elections, and to see that the ordinances of the city and laws of the state of Iowa are faithfully observed. especially those ordinances and laws which are made for the suppression and punishment of crimes and misf* moanors.This makes It the duty of the do-liceman to see that the laws of the state of Iowa shall be faithfully observed.Sec. 1231. Revised ordinances. Tt shall be the duty of every police officer or watchman to report to the police judge, or his clerk, or in their absence to some Justice of the peace, within the city, all violations of the city ordinances or laws of the state of Iowa, which may in any manner come to his knowledge; to arrest with or without warrant or process, any person or persons guilty of any violations of the city ordinances, when such was committed in his immediate view; also to arrest and take into custody, with or without warrant or process, any person or persons who may be found upon any street, alley or other public place in a state of intoxication, or fighting, quarreling, threatening, pilfering, stealing, robbing, or doing any act in violation of any of the ordinances of the city or criminal laws of the state, and bring him before the police judge at the police court to be dealt with as by law and ordinance provided. To arrest all suspicious characters wandering about the thoroughfares or unfrequented parts of the city, or any person or persons acting suspiciously, or any person or persons found upon the streets or alleys of the city at unseemly hours. * • • In every place in our ordinances where the duty of the policeman Is outlined, it Is made his duty to enforce the city ordinances and criminal laws of the state*. And there is absolutely no difference in his duty as to either.It follows that there is no foundation in law for the position taken by many that the policeman has nothing to do with the violations of state law; that it Is not necessary for a citizen »o first file an information before a policeman can do any thing with refer ence to the illegal sale of liquor or cocainethat the policeman is not helpless*in the matter of enforcing tlw vagrancy laws or any other laws of the state of Iowa or ordinances of tlio city of Ottumwa.DON’T SCATTER YOUR SHOT.Napoleon Bonaparte said: Mybrain is composed of numerous little drawers, each of which contains my knowledge upon a particular subject. When I wish information upon that subject, I pull out that one drawer and close all the others.”This ability to concentrate Is a wonderful aid. As each matter comes up In a day’s routine, open one little drawer in your brain—put away the impression received and close the drawer. Use but one drawer at a time and your day’s work will never seem a confusion.Josh Billings said that the good feature of the postage stamp consisted In sticking to one thing until it got there. There Is a lot to that—a greet deal more than one would think at first glance. The way to accomplish things is to make up your mind to do something, and then do it. Don’t get It half done, and then start to do gom.v
Newspaper Details
Ottumwa Tri Weekly Courier
Ottumwa, Iowa, US
Sat, Feb 27, 1909
Page 3
Full Page
Clipped by
Myke G.
NA, NA 08 Apr 2021
Other Publications Near Ottumwa, Iowa
Ottumwa Daily Review
Ottumwa Courier
Ottumwa Tri Weekly Courier
Baptismal Register Sacred Heart
Standard Atlas of Wapello County Iowa
