The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-09-28
HALT IS CALLED ON
SEARCHING HOMES
City Attorney Thach Writes
Letter TO Bodeker
GREW FROM SCHUMK CASE
H. A. Tomppert Describes the Recent
Search and Says 1t Was the
Result of Spite
Work.
GREW FROM SCHUMK CASE

A weakness in the "Fullerlicker" law
has been discovered by City Attorney
Robert Thach. and under his advice the
police department will in the future be
exceedingly careful about searching of
homes for evidence of violations of the
prohibition law.
The writing of Mr.. Thach's letter grew
out of a conference yesterday morning in
Mayor OBriep's office between the May
or, Mr.. Thach, Chief Bodeker and assist
ant City Attorney J. Quincy Smith, This
was held at the request of Chief Bodeker,
who had asked for clear advice in this
particular connection.
Mr.. Thach wrote the following letter to
Chief Bodeker, as the result of the meet
ing:
George II. Bodeker. Chief of Police City:
After a consultation between the Mayor
and myself, / write to guide you in
searches made in private houses under the,
Fuller bill.
| would make no searches in private
residences without affidavit made by
some reliable person that there was liquor
stored in said residences, and that 1t was
being used to violate the prohibition
laws.
1t is a serious matter to invade mans
home and there should be strong evidence
provided to warrant such invasion.
r. Fl. THACH, City Attorney
This letter is generally regarded as
pointing out a weakness in the Fuller
act or any other prohibition law tending
to deprive a man of the sanctity of his
home.
The conference was brought forth by
the publication in The Age-Herald Sun
day of the search of the Schumk and
Grafton homes, nearly three weeks ago,
in which no arrests were made. The
search was made after the receipt of COM
plants from neighbors of the two fami-
lies. These complaints were to the eff
feet that both homes were extremely
live blind tigers; that a great number
of people, both black and white, were
seen going to and from them each day.
Both Schump and Grafton deny this
strenuously, and charge that it is purely
spite work, some of their neighbors hav-
ing it in for them, and seeing in the
Fuller law a chance to give them trou-
BILE and notoriety, even though there was
nothing to substantiate the arrests.
Henry A. Tomppert of 1905 Avenue 1,
whose home is next that of the Schumks,
yesterday made the following statement in
reference to the officers statements that
over two wagonloads of empty beer bot
ties were found on the Schumk place:
There were not more than 10 dozen
empty bottles Zone cask) if that many"
| said he "A few bottles of beer were in
! the refrigerator and the empties which
| were found were the balance of the cask
| of beer which had been used. The only
kind of wagon to which the officers re-
ferred would be a toy wagon which chill
dren play with.
"They should have come over to my
house. 1 always keep beer and two kinds
of whisky-rye and bourbon-for my use.
buy the beer by the cask and whisky
by the case Under the Fuller law the
officers could secure bottle of the same
goods that / use, come to my house,
search 1t and find small quantity to
match it. Then they could take me to
Jail and convict me for violating the pro-
hibition law even though l have never
broken the law.
Mrs. Schumk was greatly Inundated
| and frightened. She sent for me, not
knowing who the men WERE 1 asked
| them If they had a search warrant, to
| which they replied that they didn't need
one. Mrs. Schumk told me upon my ar
rival at her house that the men had forced
themselves in. Despite the seriousness of
| the affair, however, 1t was really amusing
to see them work. They actually took
off their coats and moved pile of lum-
Der In the backyard only to find bundle
of shingles.
Had Mr.. Schumk been at home there
would have surely been trouble, prob
ably very serious trouble between him
and the officers. Had they gone to my
home in the same manner 1t is very like
ly that something would have happened. :"
Mr.. Schumk is Of German parentage
and came to Alabama from Kentucky.
His father was mayor Of Louisville. He
worked for the Schillinger Brewing com
pany for over % years and then served as
custodian of the Elks club for four and
one-half years He owns quite an amount
of property, including his home. The
search he thinks was made as the result
of spite work on the part of certain per-
sons
A copy Of Attorney Thach's letter to
Chief BodelSer was placed upon the file
at police headquarters and all members
of the department instructed to act In