Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-21
NEED WARRANTS.
Sheriff Must Have Them 10
Make Webb-Law Seizures.
Decision Of Attorney General
Wilson Given on Matter.
American Express Co. Contends Of.
ficers Have No Right to Enter Cars.

ficers Nave No Right to Enter Cars.
Portland, Me, July 20.-Attorney
General Wilson of Maine has made
decision to the effect that Maine Off
GERS acting under the Webb law, have
no authority to make seizures of liz
uor from an express company with
out a warrant. This decision has been
hailed with joy by those friendly to
the liquor traffic as taking all the
teeth out of the law, so far as it is
aplica BILE to Maine.
It has always been the contention
of the American Express Co. that
sheriffs or their deputies, not armed
with warrants, had no more right i'll
express cars, freight sheds or on ex-
press teams than did plain citizens.
The officers have taken a different
view of the matter and insisted that
they had the same right to make
searches on the express company's
premises as at other places, where I'M
der the laws of Maine they were per-
mitted to go and seize without
warrant.
Since the Webb law became effec-
tive they have, in a number of the
counties, taken advantage of that to
carry on their work in the freight
sheds, cars and on teams of the eX-
press company.
The attorney of the express com
pany at Portland has. this week. noti-
fled agents throughout the State that
the attorney general has been APP
pealed to and that his decision :,
Sheriffs have no right to make search
on the premises of an express corr
pany without they have warrant 50
to do.
Officers Can Use Their Eyes.
Agent Barrows of the American Elk
press Co. in Lewiston when askeo
| concerning this decision, explained
| that it was simply the upholding by
| the attorney general of the company's
| contention that officers without !
| warrant were no different from plain
| citizens.
| There is" said he. nothing which
will prevent the deputies or other 9th
GERS from standing by as trucks 60
past and seeing the names upon pack
lagos We can't prevent that. Tit
only thing is, the company has al
i WAYS maintained that they had nj
lauthority to enter car unless armed
with a proper warrant from the cour
Ito do So In such cases Of course, tn
company recognizes the power of tn
court
n of hinly
decision of the attorney general woul'
prevent the liquor squad making seiz
ures from the offices or teams of ex
press companies. 1t would simply ne
cessitate their securing a warrant
This, in his opinion. would be an alb
solute protection to the company ant
the officers making the seizure. /
would remove all question of whethe
hotht were acting within the law Of
not
| "Officers can walk through the store
rooms of the express companies ant
read the names on boxes" said Mr.
| Barrows, for I don't think that th'
companies would seek to proven
known officers entering those places
Strangers would not, of course, b'
permitted to do So
| Will Get the Warrants.
Sheriff Stevens had received no mott
| fcatien of the decision by Attorne,
General Wilson, on Friday morning
when asked concerning the matter
He did not care to discuss it a
| great length, until he had received
some official notification.
If they want us to get warrants,
said he, why We'll do it and wei
get the liquors. too,
IF we are forced to secure war
rants before making a search at thu
express offices, why then we shall b,
obliged to carry out completely tn,
instructions of that warrant. With {
warrant the officer will not be al
lowed the discretion, which is giver
when making search under the stat
utes of Maine which makes it lega
for him to hunt and seize liquors with
ont a warrant, securing that after h,
has made his seizure. The officers will
be obliged to take all packages con
tanning liquor which is found in the
office. even though they have abso
lnte knowledge that it is not intended
for illegal purposes. They can dc
nothing else.
1T VIII also. undoubtedly. result il
the opening up Of packages. which dc
not contain liquor but might.
Until | have had some notification
of an official nature, ii is impossible
te say exactly what the results Of such
a decision will be here, with regard tc
my actions. All | can say is. 10 repeat
that 1t warrant is required we will
get it"
The sheriff was asked if, under the
Maine Statutes search and seizure was
made at an express office, by officers
CARRYING warrant for that purpose ii
would not be necessary to arrest the
person III charge. He was not pre-
pared to answer that question, without
legal advice.
Ch:rO:un Nouyc