Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1914-08-20
POSTAL RAID UNLAWFUL
Declares Article OF Basic Law vlo.
lated and Supreme Court De-
claion In Cited

IdtSu anu supreme SouTt bo-
clslon 10 Cited.
Topeka, Kas.-"while neither
doubt nor deny the duty Of all good
men and courts as we'll to uphold the
lawful enforcement of the criminal
, laws of our country, to the end that
Justice may be done and the guilty
not go unpublished, yet 1t Is my belief
the constitutional safeguards deliberN
etely framed for the purpose of pro-
tecting the rights of the individual
citizen are OF equal II not more con-
oern than the conviction Of anyone
accused of the commission of a Grim,
anal act, no matter how guilty in fact
he may be.
mo one under our constitution and
faws may be adjudged guilty until the
presumption of his innocence Is over
come by evidence lawfully offered and
lawfully received against him in open
trial in court of justice, as provided
by and in accordance with the con.
stitution and laws of our country"
This is the pith of decision hand.
ed by Judge John G. Pollock, of the
Federal Court, District of Kansas. II
Is important and farreaching, in that
st relates to the activities of the army
of post-of1ce inspectors who have
without warrant Of law, invaded the
homes and private Offices Of citizens
and seized papers and documents to
use against them in trumped UP Grim.
1nal charges.
A deputy United States Marshal.
armed with proper warrant appeared
at the offices of D. A. Mounday, and L.
ID. w. Mounday, his wife, on a charge
of misuse of the mails. Immediately
following the Deputy Marshal into the
Mounday Offices, came Frank P. Sha.
ron and Rudolph Brauer, claiming to
be Post-Offices inspectors in the ser
vice of the United States.
Each of these inspectors stood at
the desks OF Mr.. and Mrs. Mounday
as they were preparing to close the
same and accompany the officer
and prevented them from pulling
down the roll top.
AS recited in the petition before
Judge Pollock, the inspectors re-
manned and searched the desks and
premises and seized many Of the pri'
vate papers and documents belonging
to the Moundays. One Of the inspec'
tors, Sharon, was intercepted by one
of the counsel for the petitioners and
was compelled to give up the articles
he was taking away.
The other inspector, Brauer, more
feet of foot. safely made the elevator
landing in the Topeka Bank building
and escaped with his booty. consisting
of card index case. valuable and Inn
portant records, and lot of original
letters, documents and papers.
This, briefly, is the statement Of
facts upon which Judge Pollock based
q most important decision, that such
unlawful search and seizure Of cit.
ITEMS private papers and documents
cannot be made because it Is in viola
ton Of the fourth and fifth amend.
ments Of the Constitution, which the
court recited:
"The right OF the people to be Sc
cure in their persons. houses. papers
and effects against unreasonable
searchers and seizures mall not be
violated and no warrants shall issue,
but upon probable cause, supported
by oath or affirmation, and particular
" describing the place to be searched,
and the persons or things to ba
seized"
mo person shall be held to answer
for capital or otherwise infamous
crime unless on a presentment or In
,dictment of a Grand Jury except In
cases arising in the land and naval
forces, or in the militia, when in &C
tual service in times of war, or public
danger; nor shall any person be sub
iect for the same offense to be twice
put in jeopardy of life or limb; nor
shall be compelled in any criminal
case to be a witness against himself
nor be deprived of life. liberty OF
property without due process Of law:
nor shall private property be taken
for public use without just compensa
ton"