The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-21
the Law AND THE RAIDERS.
Justice Stcctlcr Fears statutes Are RcinS
Forgot.

Justice Alfred Stacker. Republican can
ddate for the Supreme Court bench in a
speech az the Phi Delta Phi dinner ia the
Marlborough Hotel last night. bralched
out into a yelled attack ola the methods
which have been adopted recently in raids
on gambling houses The Phi Delta Phi
ia a law school fraternity and all of the
sixty-fve guests ut the dinner were law
yers. The Justice made his lis reason
for long dissertation on the proper scope
Of the search warrant in its relation to the
security Of the person, the dwelling and the
papers in il as guaranteed by the tonstitu-
ton He said in part.
u Is our duty as Ia wvers TO see 20 II that the
law shall remain the servant ot the p"g l. d"
and not become their master In thu"
DAYS Of reform We must not allow our cu'hy-
siasm 10 blind us TO the fact that We cannot
correct abuses real or fnncied bv the u-o ~
Il weapon the law does not countonar,",
and in matters Of municipal reform this raT.
advocating everything thrt viii udd 20 M"
deceuCy and order OF THIS lnhEuitr'u' mani
,pa!ity -c" 70 1t 'ha, !. The h.d.nr Of a. j..
do rot batter down any of tn" hul" irk- DO
hind which our citizens have established their
OF these rights. Tho security Of the dwelling
Of tie p"r,on gnd Of Ial"r- l. iuAdam, tai
Every mans home. n IN ~" tr-t days Of
castle The search warrant which empowers
the peac" officer 20 enter or to sen" 'dirct bc
issued but upon probg hi" eau" supported
by affidavit. naming or describing tho per. on
and particularly describing the property
and tho place 20 he searched. hay" no
thought In dwelling upon csc facts but 20
caution against the danger OF going i"ither
than tho law permits.
General Warrants to arrest persons not
designated or to search unnamed places ar"
Illegal, and pTopc1y 70 p. I'D NUT be
parently lost sight OF. l. that ia the absence
Of positive instruCto ION in the warrant 20 the
contrary, the search must b" made In the duy
time aud not at night, and while an o'c"r
may break open the door or = rao" TO be-
searched. proper notice must be giver and
admission refused before II Il his right 10 40
60.
The Justice went on to cite great num-
Der OF Supreme Court decisions bcarin 9
upon the subject. Another legal matter
he touched upon was the jury trial.
Although the supreme Court has de-
cided that not only fconies but INSIDE
meanors involving the deprivation OF
liberty should h" 50 tried, b" said, a
different policy appears 10 prevail! Ia th.i
part Of our State, for II l. only in eNcop-
tional cases in New York city that a jury
is allowed in a trial for miSdemesuor.
Henry W. Jessup, who was one of the
speakers said il was much to be regretted
that the Judge bud not gone n little further
in defining the search warrant : powers,
and touched upon the propriety Of the
use of thirty-foot ladders, sledge hammers
and saws as accompaniment of the war
roof could be technically excused.
Justice William A. kecner and Prof.
Isaac Franklin Russell of New York Uni
yersty made short addresses. Justices
Steckler and keener were elected hon
orary members Of the fraternity.