State v. Guardsmark, Inc.

Decision Date27 September 1971
Docket NumberNo. 54360,54360
CourtIowa Supreme Court
PartiesSTATE of Iowa, Appellee, v. GUARDSMARK, INC., a Tennessee Corporation, Appellant.

Finley & Teas, Mason City, for appellant.

Richard C. Turner, Atty. Gen., and Michael J. Laughlin, Asst. Atty. Gen., for appellee.

UHLENHOPP, Justice.

The principal issue to be decided is whether under Iowa law an organization which furnishes its own guards to others but does no investigative work must have a detective license.

The Iowa Department of Public Safety issues detective licenses to applicants who qualify under statutory provisions. The Department investigates applicants, and that takes from four to six weeks. Thereafter applicants take an examination, which is given three times annually in January, May, and September. Successful applicants are then issued a license upon posting a bond and paying a license fee.

Blue Ribbon Packing Company, which operates a packing plant at Mason City, Iowa, was engaged in a labor dispute. A strike was in progress. Blue Ribbon desired to obtain guards to protect persons and property.

Defendant Guardsmark, Inc., is a Tennessee corporation which engages in the business of furnishing guards.

Blue Ribbon contacted Guardsmark about obtaining guards for the Mason City plant. Guardsmark wrote to the Department of Public Safety for information about engaging in such activities in Iowa and for proper forms. The Department sent Guardsmark a copy of the Iowa statute on detective licenses, an application blank, and fingerprint forms.

Subsequently, the president of Guardsmark called the Department requesting a temporary or reciprocal permit to furnish guards in Iowa, and a Department official responded that a license would be necessary and that some time would be needed to process the application after it was filed. Still later, Guardsmark's representatives came to the Department with the fee and completed application blank and fingerprint forms. The Department official explained the procedure for processing applications and the time required, and stated that the examination would have to be taken and Guardsmark would be notified of the time the examination would be given. The official also stated that Guardsmark could, without a license and as an employment agency, provide personnel for Blue Ribbon to employ itself as its own guards.

Shortly thereafter, Guardsmark furnished Blue Ribbon with uniformed guards, who were employees of Guardsmark and not of Blue Ribbon. Guardsmark never took the examination for a license nor obtained one.

The county attorney charged Guardsmark with engaging in business as a detective agency without a license. Guardsmark was tried by jury, convicted, and sentenced, and has appealed to this court.

Guardsmark urges four main contentions before us. It principally contends that an organization does not violate the licensing statute unless the organization engages in investigative work. Guardsmark also contends, second, that the statute is an unconstitutional attempt to exercise the police power, third, that the Department arbitrarily refused to issue a license, and fourth, that the Department in fact did issue a license.

I. Investigative Work Essential? Regarding Guardsmark's first contention, a detective is usually thought of as one engaged in detection--discovering lawbreakers or securing information. But the legislature is its own lexicographer, and so the question is, how has the legislature used the words 'detective business'? The answer is found in the definitions section of the licensing statute, more particularly in subsection 1 of § 80A.1, Code, 1971:

The following words and phrases when used in this chapter shall for the purposes of this chapter have the meanings respectively ascribed to them, the singular to include the plural and the masculine gender to include the feminine gender:

1. 'Private detective business or profession' shall mean and include The business of making for hire, reward or gratis An investigation or investigations for the purpose of obtaining information with reference to any of the following matters: Crimes against the commonwealth or wrongs done or threatened; the habits, conduct, movement, whereabouts, associations, transactions, reputation or character of any person, firm or corporation; the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the causes, origin of or responsibility for fires or accidents or injuries or damages to persons or to real or personal property; or concerning the truth or falsity of any statement or representation; or The business of securing for hire, reward, or gratis Evidence to be used before investigation committees, boards of award or arbitration, or in the trial of civil or criminal cases, or The business of furnishing for hire, reward, or gratis Guards or other persons to protect persons or property; or to prevent the theft or the unlawful taking or use of real or personal property, or the Business of performing the services of such Guard or other person for any of said purposes. (Italics added.)

The legislature has thus included the furnishing of guards to protect persons or property within its definition of detective business.

Guardsmark contends, however, that the meaning of entire subsection 1 is controlled by the colon near the beginning, "Private detective business or profession' shall mean and include the business of making for hire, reward or gratis an investigation or investigations for the purpose of obtaining information with reference to any of the following matters: * * *' Guardsmark argues that such investigation or investigations relate to all subjects following the colon including 'the business of securing for hire, reward, or gratis evidence,' 'the business of furnishing for hire, reward, or gratis guards,' and 'the business of performing the service of such guard. * * *' Guardsmark's position is that if investigative work is not performed to obtain information regarding those subjects, then the statute is not violated. The evidence is clear that Guardsmark did not perform investigative work.

The trial court rejected Guardsmark's reading of the subsection and so do we for two reasons. First, investigations for the purpose of obtaining information are sensible with reference to crimes against the commonwealth, the habits of people, the credibility of...

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6 cases
  • State v. Lohr, 60994
    • United States
    • Iowa Supreme Court
    • May 17, 1978
    ...is seldom a highly persuasive factor in statutory construction and will not defeat evident legislative intent. State v. Guardsmark, Inc., 190 N.W.2d 397, 400 (Iowa 1971); Sutherland, § 47.15. Several courts, while recognizing the Last Antecedent Doctrine and noting absence of appropriate pu......
  • Grant v. Fritz, 55199
    • United States
    • Iowa Supreme Court
    • September 19, 1972
    ...v. Barnes, 209 Md. 544, 121 A.2d 816; Elk Run Telephone Co. v. General Telephone Co. (Iowa 1968), 160 N.W.2d 311; State v. Guardsmark, Inc. (Iowa 1971), 190 N.W.2d 397; Iron Workers Local #67 v. Hart (Iowa 1971), 191 N.W.2d 758; Brown Enterprises, Inc. v. Fulton (Iowa 1971), 192 N.W.2d 773;......
  • Henrichs v. Hildreth
    • United States
    • Iowa Supreme Court
    • May 23, 1973
    ...infringe upon given constitutional rights. See Brown Enterprises, Inc. v. Fulton, 192 N.W.2d 773, 776 (Iowa 1971); State v. Guardsmark, Inc., 190 N.W.2d 397, 400 (Iowa 1971). See also Kordick Plumbing and Heating Company v. Sarcone, 190 N.W.2d 115, 117 (Iowa Furthermore, it is not for the j......
  • Cochran v. Lovelace, 55354
    • United States
    • Iowa Supreme Court
    • July 3, 1973
    ...at all. When construing § 123.95 we should consider the purpose to be served and the evil sought to be remedied. State v. Guardsmark, Inc., 190 N.W.2d 397 (Iowa 1971); Chicago & North Western Ry. Co. v. City of Osage, 176 N.W.2d 788 (Iowa 1970). It is more realistic, in view of the legislat......
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