Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1908-10-14
SILzER ON
THE RIGHT
OF SEARCH
State Senator Writes a Letter In
Reply to Criticism QUOTING
the Constitution.
FOREFATHERS' OPINION
Shows that James etIs and John
Adams Held unWarranted Search
sfPersons { luse of Revolu-
tion6y War.

In MS Speec at the uemOCTdtlc
mass meeting III the Majestic theatre
in this city, last week, Senator Silzer
took occasion to praise Mayor Boil
Jchweiler for the stand he had taken
IN defending the constitutional rights
IF every citizen. He declared that
while it was highly desirable to sup
press the carrying of concealed
weapons, it was not right to enter a
peaceful assemblage and just be-
cause those present were foreigners,
to search every man without war
rant or suspicion. He said Perth
Amboy ought to be proud for having
a mayor with so much sand.
The New Brunswick Home News
in its effort to make political capital
for "Dory' Strong's ticket, assailed
Senator Silzer for his remarks. Yes
terday the Home News published a
letter from Senator Silzer on the sub
ject, which is well worth reading
The senator quotes the constitution
gives the probable reasons why the
clause protecting people against un-
reasonable searches was placed there
In, and refers to the speeches of such
patriots as James Otis and Johr
Adams on the subject of the right to
search people without warrant.
Senator Silzer, in his able letter
shows that this was one Of the fun
damental principles for which oul
forefathers fought His letter to the
Home News is given in full below fol-
the benefit Of all our readers. 1t Is
we'll worth studying. He says:
Senator Silzer's Letter.
1 would have paid no attention te
your editorial entitled "Assailing the
Court" did not consider that most
vital principle, which 1 fear you have
overlooked, was at stake.
1t is needless to say that have the
Highest regard for our law and oul
courts; it is that very thing which In
duces me to write this letter.
1 have no doubt about Judge Boor
aem's honesty or his good intention!
no one has. In his efforts to en-
force the law against carrying con
cealed weapons he has my support
That the order was made for a laud
able purpose, I concede. l do, how
ever, protest, as every good citizeI
must, against unlawful searches, par
ticularly when directed against one
class of our citizens, who are equal
ly under the protection of our laws
Suppose one of our constables con
cluded that you carried a revolver, tt
protect yourself from the assaults o.
some one whom you had writer
up" And suppose the next time yo,
went to the theatre that constable
before the entire audience, made yor
hold up your hands, and searched
you. Wouldn't you resent IT.
Wouldn't you say 1t was un-Ameri
can? Wouldn't you say it was un
lawful?
Would you like to be held up ant
searched every time a constable con
ceived he had good cause?
II a constable was safe in so doing
can't you see how it might also bt
used as a means for oppression anG
annoyance? 1t must either be law.
full or unlawful. Isn't it easy to see
which? If unlawful, even a goot
end will not Justify the means.
If the constable had the legal righ
to do 1t, couldn't he use this as {
pretext to hold you up some night OF
your way home and search into YOU
private affairs?
If 1t is Hungarian today, it may
be some one else tomorrow 1t i.
either lawful or not, as applied te
everybody.
This is one of the things our fore
fathers bled and died for. 1t was
considered so important that it il
written into the United States Con
stitution. as follows:
''The right of the people to be Sc
cure In their persons, homes, 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 particu-
larly describing the place to be
searched and the persons or things
to be seized"
Cooley, on Constitutional Limita-
tions, says: "The law gives little
countenance to arrests without war
rant. Any one may arrest another
whom he sees committing or attempt
ing to commit a felony or forcible
breach of the peace; and a peace
officer may arrest, on reasonable
grounds of suspicion of felony; but
the person arrested must be at once
taken before a magistrate"
All the cases hold that the sus.
picion must be directed against g
particular person.
How can it be said that there is
reasonable ground to suspect that or
a certain night two weeks hence, all
over this county, all persons at Ger.
tain places will carry concealed
weapons. No one knows who will
be present. There must be facts OIL
circumstances to justify the suspicion
against certain persons, as was said
by our court Of errors in Brown VS.
State.