DUTY OF PEACE OFFICERS TO ENFORCE LIQUOR LAWSPENALTY FOR FAILURE TO ACT. SEC. 2428, Supplement, 1913. "Peace officers shall see that all provisions of this chapter (relating to intoxicating liquors) 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 be had, they shall file an information to that effect against the offending party before a magistrate, who shall thereupon proceed according to law. Upon trials of such causes, the county attorney shall appear for the state, unless some other attorney, selected by the peace officer who filed the information, shall have previously appeared. Any peace 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 conviction shall work a forfeiture of his office. Every peace officer shall give evidence, when called upon, of any facts within his knowledge tending to prove a violation of the provisions of this chapter, but his evidence shall in no case be used against him in any criminal prosecution. The attorney selected by a peace officer in accordance with the provisions of this section shall receive, for prosecuting such charge before a justice of the peace, five dollars, to be taxed as costs in the case. Any peace officer shall, whenever directed in writing so to do by the county attorney, make special investigation of any alleged or supposed infraction of the law within his county, and report in writing with reference thereto within a reasonable time to such county attorney. When such investigation is made, the peace officer shall file with the county auditor a detailed, sworn statement of the services rendered and of his actual itemized expenses incurred in connection therewith, accompanied by the written order of the county attorney. If the officer be one who is receiving a definite and fixed salary, the board of supervisors shall audit and allow only so much of such expense account as it shall find reasonable and necessary. If the officer be one not receiving a fixed and definite salary, the board of supervisors shall allow such additional sum for services. as it may deem reasonable and just, which allowance shall be final." REMOVAL OF OFFICERS Chap. 8 of Title 6, of the Code, relates to the removal of persons from office for certain specified causes. The law as it appears in the Code provides for a trial as in a law action. The 33d G. A. made certain additions to the law which are set forth in the Supplement, 1913, under Sec. 1258-a, et seq; and it further provided that the proceedings should be summary in its nature and triable as an equitable action. One of the objections to the law was that it did not include a large number of public officers. The 37th G. A., Chap. 391, amended the law by striking out the following: "any county attorney, any member of the board of supervisors, sheriff, mayor, police officer, marshal or constable" and inserting in lieu thereof: "all elective county, city and town officers." The law became effective July 4, 1917, and is as follows: "All elective county, city and town officers shall be removed from office by the district court or judge upon charges made in writing and hearing thereof for the following causes: 1. For wilful or habitual neglect or refusal to perform the duties of his office. 2. For wilful misconduct or maladministration in office. 6. For intoxication or upon conviction of being intoxicated." Sec. 1258-d. Supplement, 1913. The complaint or petition shall be entitled in the name of the state of Iowa, and may be filed upon the relation of any five qualified electors of the county in which the person charged is an officer, the county attorney of such county, or the attorney general, and shall be filed by the attorney general when directed so to do by the governor. It shall be the duty of the county attorney to appear and prosecute this proceeding when the officer sought to be removed is one other than himself; and when the proceeding is brought to remove the county attorney, the court may appoint an attorney to appear in behalf of the state and prosecute such proceedings. For cases arising under this statute see State v. Henderson, 145 Ia., 657; State v. Hospers, 147 Ia., 712; State v. Baughn, 162 la., 308. By virtue of Sec. 1258, Supplemental Supplement, 1915, cities and towns were given additional power in the matter of removing any officer for any of the causes provided for by statute. But proceedings thereunder will not bar a proceeding in the district court as provided for under the removal law above set forth. |