The Dawson news. (Dawson, Ga.) 1889-current, 1913-08-19
SO HOLDS THE COURT OF APP
PEALS IN REVERSING A CASE
FROM AMERICUS.
IT WOULD BREED ANARCHY

Judge Hill in Rendering the Decision
Says 1t SmaCks of Dark Days OF
star Chamber and Spanish Inquisi-
ton. Underwood Wins Fight.
ATLANTA, Gao. z. Underwood
was convicted in the city court of
Americus of violating the prohibition
law.
officers invaded his place of bust
ness to search it. While they were
there they saw him lock up his safe,
arousing their suspicion. They ask
ed him to unlock it, which he refused
to do. He was taken to the police
station and his pockets fOrcibly rihed
of the key to the safe When officers
opened the safe they found ia pints
of whiskey.
The case was appealed, and the
court of appeals today reversed the
lower court. In a very able opinion
Judge Hill holds;
Courts should literally cOnstrue
the constitutional provision against
compelling the accused to be a wit
ness against himself, and refuse to
permit any first or doubtful steps
which may invade his rights in this
respect"
In Violation of the Constitution.
1t is held that the admission of
evidence as to the presence of whis-
key in his place of business was
strictly in violation of his constitu-
tional rights, inasmuch as he was
illegally held, forcibly searched and
the keys taken from him Judge
Hill continues;
Much Graver Offenses.
In endeavoring to find evidence
sufficient to establish the crime which
they suspected he was guilty of, these
officers of the law committed much
graver offenses than the one of which
they suspected the accused. He was
suspected of keeping intoxicating
liquors on hand at his place of bust
ness. an offense nahum prOhibitum.
They illegally deprived him Of his
liberty, they searched his premises
illegally, they made an assault and
battery on his person, and in so do
ing they violently pulled down the
constitutional bulwarks which pro-
h nit
his person and as to his property.
Here, under the facts, was null
duplication of crimes committed by
the officers of the law, crimes against
the inherent rights of the citizen, Sc
cured by the constitution of this
safe, in order that comparatively
venial offense, by statute, but not in
herently an offense, could be detect
ed. If such means can be adopted
in the detection of crime and APPROX
ed by the courts the law would not
only be antagonistic to it's own reign,
but a state of anarchy would exist.
Sacred Civil Jewels.
The two provisions of the consti-
tuition which we have been discuss
ing appear in the fundamental law
of every state of the union, as well
as in the federal constitution. They
are the sacred civil jewels which
have come down to US from an Eng
lish ancestry, forced from the I'M
willing hand of tyranny by the apos-
ties of personal liberty and personal
security. They are hallowed by the
blood of a thousand struggles, and
were stored away for safe keeping in
the casket of the constitution. 1t is
infdelity to forget them it is sacri-
lege to disregard them; it is despotic
to trample upon them. They are
given as a sacred trust into the keep
ing Of the courts, who should with
sleepless vigilance guard these price
less gifts of free government. We
hear and read much of the lawless-
ness of the people. One of the most
dangerous manifestations of this evil
is the lawlessness of the ministers of
the law. This court knows and fully
appreciates the delicate and difficult
task of those who are charged with
the duty of detecting crime and APP
pretending criminals, and it will up
hold them in the most vigilant legal
discharge of all their duties, but it
utterly repudiates the doctrine that
these important duties cannot be sue
cessfully performed without the use
of illegal and despotic measures.
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