The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1894-02-21
DID TILLMAN DICTATE 1T:

H,chanan:s Opinion on the Powers Of the |
sp1es-He Holds that State Constables
can Arrest Citlze1a, Search their
Homes and Seize their Property
without so Much the
Scratch of a Pen in the
Shape of Warrant.
Especial to News and Courier.l
C0LUMBIA, February l6.-Another |
sign of the times is given III the opinion |
of Acknowledgement Buchanan "a to |
the States right to enter houses to
seize contrabaud liquors without war
rant. Where is it going to lead to is
the next question that ought TO be sub
mitted. Mr.. Buchanan says that 1t Is
his duty to give the law, and that it
remains for it to be carried out. He has
been at work most of the day on the
matter and late this evening gave his
opinion to the press. The opinion is:
COLUMBIA, S. c., Feb. -, 1894.
To his Excellency, Governor B. r.
Tillman, Executive Office, Columbia,
S. C.-Dear Sir: Your inquiry asking
the power and authority Of the State
constables to seize "contraband liquors"
of snch powers, and the manner OF their
exercise, received. 1t is to be observed
in the first place that neither our Cor
stitution nor the Federal Constitution
forbids searches or seizures without
warrants: Section % of our bill or
rights declares. Gall persons have
right to be secure from unreasonable
searches or seizures of their persons,
houses, papers, or possessions" Article
4, of the Federal Constitution, also uses
the word unreasonable" in the same
connection. $50 it is unreasonable"
searches, seizures, ETC., only that are
prohibited. In some of the States the
word "unlawfuln takes the place of our
word unreasonable" In both cases,
however, it is uniformly held that
whatever powers are authorized by the
Legislature in furtherance of these pro-
visions are not considered 'uureason-
able" or "unlawful," but are upheld AS
valid, reasonable and lawful. The con-
struction by the Federal Courts Of the
provision in the Constitution of the
United States and the powers given un-
der it to the various officers Of the inter
nal revenue and other departments of
the Government are known and their
undoubted right to exercise the same
has ceased to be vexed question. A
little reflection would convince anyone
that if the Government of the United
States, Government Of delegated
agencies and powers whose authority
is limited. could do these things,
sovereign St"te certainly could do them
all, and right here on seizures and
searches allow me to say that there is
no section or provision in the Dispen-
sary Act in these particulars which |
have not been and is not now the law
of the United States.
WHY RESTRICT A WARRANT IF NONE
Is NECESSARY?
The provision that "all warrantsshall
be supported by oath or affirmation and |
the order of the warrant shall be ac-
cOmpanied with a special designation |
of the person or objects of search, arrest
or seizure" does not say nor does 1t |
mean that such arrests, searches or /
seizures shall always be under warrant. |
The right to arrest without warrant for |
misdemeanors upon view has always
been recognized in this State both be-
fore and since the present ConstiI utlon,
(City Council of Charleston vs.. Payne, |
"a n. & McCord, page 475,) the later
cases going to the extent of holding |
that such arrests may be made after |
commission of the offence. (State VS.. |
Sims, lG S. c. n. S. Rep. 1856; State vs..
Bowen, II S. G. n. S. Rep, 5S.) The
right to seize and hold property the
subject matter of theft, forgery,
counterfeiting, etc., as evidence of
crime without warrant is recognized |
wherever the common law has been
planted. The right to arrest without |
warrant in the cases laid down by all
writers on the subject, and if necessary
to search the dwelling for him, is too
we'll settled to need authority at this
day. A prominent authority has gone
so far as to lay down the law as follows:
THAT articles or instrumentalities once
impressed with the characteristic Of
adaptation and intended use for pur-
posts prohibited by law and contrary
to public peace, health or morals are
subject 10 summary seizures under |
statutory or even general police regula-
ton" And again, an authority equally
as eminent says: 1.-The officers of Gov
ernment have authority derived from ;
the general rights of the Government,
without any statute whatever upon the
subject, to exercise all necessary force
for the prevention of crime, either by
the arrest OF in !ividuals or by the seiz-
ure or detention of the instruments for
committing crime" Thus far | have
spoken of seizures without warrant,
contingencies recognized in our own
and the Federal constitutions.
NO GENERAL WARRANT COULD BE so
TYRANNoUs AS A RIGHTTo
ARREST OR SEARCH WITH
OUT WARRANT.