Evening journal., 1909-02-18
DEBATE OVER THE I
right OF SEARCH
House Declines to Reconsider
Bill Empowering Invasion
Of Suspected Dwellings
THE BILL REMAINS KILLED

2aea-
Special to THE EVENING JOURNAL
DOVER, Del. Feb. lS.-After a spirited .
discussion yesterday afternoon the House /
declined to reconsider the House bill in
troduced by Representative Ward 60 pro-
vide for the searching of houses or build /
ings in which it was suspected that liquor /
was being sold illegally or was stored 10 (
be sold illegally. The bill was defeated in /
the House on Monday by reason OF lack /
ing two affirmative votes OF the consttu- /
tional majority. 10 votes being cast for
1t and "a against It on that day. Eighteen
votes were necessary to pass H. Ropresen- /
tative Williamson moved and Representa- /
tive Hall seconded yesterday afternoon TO
reconsider the vote by which the measure
was lost. They also asked that John 3.
Hutton. attorney for the House, be given
the privilege Of the floor TO explain the
purport OF the bill. Although the bill really
was not before the House. having been
defeated Speaker Cooper put the motion
since nobody objected. and Mr.. Hutton
was given an opportunity TO explain the
measure
! He said that the right Of search now is
/ given to enter properties on warrant
where II is suspected that stolen goods
are stored or secreted, and the pending
/ bill was to give that right in Kent and
! Sussex counties. which have voted dry"
whore It is suspected that unusual guam
titles Of liquor was stored or kept TO be
sold. MIR. Hutton said the object was not
TO coniscate liquor that might be shipped
to man for his personal use. but where
unusual quantities we're received and il
was suspected It was being sold or dis
tributed Illegally. He said this extended
the right of search to liquor as well as in
the case Of larceny which IS already on
the statute books. and was necessary TO
better enforcement Of the law.
Opposition Developed.
Representative Ainscow opposed the bill.
1T would open the door to graft and lead
10 false arrests" he said.
Mr.. Hutton explained that a person
would have 20 make affidavit in good
faith before a justice Of the peace that
liquor was in building and II was sus-
pected that it was being sold illegally be-
fore a search warrant could be issued. He
said that under the bill II the conditions
we're found to indicate that the law was
being violated the person suspected OF
selling the liquor could be arrested and
the liquor would be held untii the case
was finally determined in court.
Representative Connolly claimed that
this would result in unwarranted perse-
cution OF some persons and would pave
the way for a ruthless invasion OF homes
He cited his own personal experience in
being arrested on a charge Of violating
the building laws. 1T was simply trying
to ridicule me- he asserted. "a man who
swears out a warrant found to be false
or unfounded ought to have no aiterna-
tive but to be put in JAN Immediately and
kept there"
Mr.. Ainscow said the law would result
: in the 'squires' offices being fun OF peo-
/ pie. and IL would be going out Of the
track Of right and Justice.
Mr.. Hutton said there ought to be no
more right 20 have liquor for an illegal
purpose in a house than there IS to have
stolen chickens there.
After Liquor All the Time.
They're after liquor here all the time %
exclaimed Representative Ainscow in re-
. ply. It's liquor. liquor. not chickens that
= they're after. Why II they smell liquor
through a keyhole they go after IT,"
Mr. Spruance said after the explanation
made by Mr.. Hutton he believed the bill
] 1AHAA 70 hN ldenGA ne UNDERSTOOD ~ WAS
a request OF the people OF Kent and Sus-
sex counties to have the right Of search
10 enforce laws. He said he had no rea-
son 20 believe such law would be abused
any more than any other laws OF search
on the books now would be abused He
believed that man who made an honest
mistake in swearing out warrant for
search in this matter ought not to be
punished.
Mr.. Hutton explained that II a mistake
were made in swearing out a warrant for
the search of a property and no unlawful
conditions were found the person whose
house was invaded would have the same
: recourse to redress in the courts as pre-
walls in other cases OF search, an action
for damages at law.
Can't Breathe, He Says.
''rhey must have hunted this provision
from Russia, where a man can't breathe
properly" said Mr.. Ainscow. IF he
breathes properly once or twice over there
he is arrested"
= Mr.. Spruance said he had nothing 10 do
with the question Of temperance or pro-
hibition in what he was saying. but he be-
lieved it was right and proper 10 estab-
lish the right Of search in cases such
as outlined in the bill
/. Speaker Cooper at this juncture ques-
toned Mr.. Hutton about the bill. The
Speaker said that II those advocating the
\ bill were willing to amend It so that the
person who swore out warrant that wa.
: found not 10 be borne out by the facts or
& search would be liable for perjury he
would vote for the bill. This is a per.
& nicious bill" said Speaker Cooper IN
gives the right to throw a mans dooi
open and search his dwelling"
Mr.. Hutton explained that II the Speaker
suspected a man had stolen his watch h,
could have the man detained ana searched
Yes, and n were detained and search
\ ed on such an accusation as that and wal
innocent would make trouble" retortet
the Speaker.
Mr.. Hutton explained that any person
& who malioiously made false affidavit
n not in good faith, would be liable for per
b Jury under the law. Mr.. Spruance said tn,
swearing out Of an affidavit for searcl
warrant would be justified by any circum
y stances that IN the mind Of the person
8 making the affidavit would cause sus
n picion.
s Attacked the Bill.
Mr.. Reeves and Mr.. Connolly raised II,
3 point Of iust what circumstances Of hav
Ing liquor in a house would be considered