The Critic and record., 1891-04-28
An orrRAGEors LAW.

More than two hundred merchants of
this city have been arrested under q law
enacted by the last Congress and COM
monty known as the Secondhand
Dealers Law. Their ollcnse is that they
have failed to take out licenses under the
law. Warrants have accordingly been
issued, the arrests made and the matter
thus put in train for definite judicial
action.
II is not too much to say that the vic
tins Of this prosecution will have the
sympathy of. all intelligent and thought
ful PEOPLE. The law in question is harsh,
oppressive and tyrannical, and, worst of
all. IL opens the way for very annoying
and mischieyous surveillance by the
Iolict-a surveillance that might easily
become ntolerable. We doubt whether
law like this which authorizes, or has
led To regulations which authorize, the
police to enter and search premises with
out warrant will endure the test of judicial
inquiry. II seems to us To- be in direct
and irreconclabe conflict with the
Fourth Amendment of the Constitution,
which says article w.: The right of
the people to be secure In their persons,
papers and effects against unreasonable
searches and seizures shall not be violated,
and no warrants shall issue but upon
probable cause, supported by oath or
affirmation. and particularly describing
the place to be searched and the persons
or things % be seized Under the law
referred to the police have been author
lied to invade the premises Of every dealer
in secondhand material of any descrip-
iion. Under that law and the police regu-
lations growing out of it these dealers are
a 'he mercy of any polcemans malice,
and can he subjected to n persecution
more outrageous than that under which
the most degraded slaves of Europe now
yroan. Nor will il do To dismiss this
aspect of the question with thepropostion
that our police are not likely to abuse the
ill-judged authority conferred upon them.
The question is not what they are likely
to do, hut what it is possible for them TO
do, and that this law makes intolerable
tyranny possible is beyond doubt.
Another outrageous and indefensOle
oppression IS to be found in the provision
requiring dealers TO hold for ten days all
articles purchased by them and intended
for sale Not only this they are required
under penalty to make return before /
o'clock on the day following the day of
purchase of all articles acquired by them,
describing the goods, the person sellinl
the same and specifying the price pail
therefor, Nothing more oppressive was
ever devised by man. We do not believe
that in the darkest ages of persecution
and spoliation any more bnrbarous sys.
fem of wrong was conceived. much les
nut i'm operation Under this law the con.
ditiun of the dealers in Washington would
he more wretched and more degraded
than that of the most hopeless serfs.
Indeed it may he said of this mon
strous law that it is a statute, not to reg
,rlate, but to destroy the business of ou
sealers-a law to subject them to unhe Irt
Of tyranny and persecution-a law tc
make miserable slaves of free men and
TO encourage the development of on
police into a band of Janissaries crue
enough to shame the age we live in. 1t il
a law repugnant to every honest and en-
lghtened man, and its operation will con
stitute the darkest blot that ever dis
graced our civilization.