New-York tribune., 1919-08-05
Search and Se;z.
of Liquor
To the Editor of The Tribun.

Sir: II has been suggested tha.
dwelling in the top Of an spar.rs.. s,
there are stores beneath, would n. ,.s sas
to the search and seizure law. Tb;. 's
pretation Of the law is incorrsr.
search and seizure clause : NOR.
safeguarded than in any other nroh;,.'.
law ever enacted. In the first n,...
code permits liquor TO be poSse..., %
used in the home, if secured befo..
law goes into effect. 1t then soee;s..a
provides that the search and se,z,r.
vision shall not apply 10 home. ~
dwelling unless liquor is sold in the -
ing or unless it IS in part used fo,
business purpose" etc. No one ran -,
that an apartment separate from bns;..
house on the first floor of building :
part of the business The residep. =,
upper floor may not even know tho -.
keeper on the first floor. The lanyns..
clear that the search and seizure cI.-
applies only when the business is !, !.
residence portion of the building and ~
of the dwelling itself.
This clause was made necessary h....
some saloon keepers live in the hula,.
where liquor is sold and DEFY prob;h;..
laws by serving liquor in the residenc. ,..
which is, in fact, part OF the speak.,,.
No one will be molested in bon..s.
apartment or dwelling which is not -.
nected with liquor shop operated in vial.
ton Of the law under national proh;h;,;,.
The criticism concerning the iniup,.;..
clause is not we'll founded. Their. :,
clear distinction between criminal a..
equity cases with reference 70 iurv ~.
In all criminal cases where imprisonr.,.
is or may be part of the penalty q In,
trial is guaranteed In an equity case vh...
the court issues a writ l. simply ori...
the defendant not to further violate ..
law. If he is inclined to be law-ahidi,.
citizen he will obey il, and not b. g.
barrasscd by It. IF he y.oates the ordp
of the court he may be fined for contsn,
Of court. There never has been jury trj,
provided in the original proceeding for I'll
injunction. If the habitual law vios,,
or speak-easy keeper continues, the coz,
should be authorized 70 severely puns
him. If the court decided the case wro,,
it may be reversed on error. or the hcu,
law vioator may be relieved from thin mr.
ceeding by becoming d law abiding citjz,
Practically every dry state has this KIM
of law. Congress recently wrote il ips
the Alaskan and District o. Columbia lar
See page 1863, serial No. I, Committee Hes,
ings on the bill. Experience shows that h
the law is to be effectively enforced agsinr
these habitual liquor criminals. such pre-
vision is necessary. To eliminate this prs
vision, which is found in every prohibi.io
law that is effective. would be an invin.
ton to law breakers to violate Jaw in place,
where it is difficult to gel fair juries !,
criminal eases.
The following decision is characterize,
Of the opinion Of the courts on this cue.
tion Wyatt vs.. People, IS Pacific RepOrt.r.
963):
Bolh the right to punish c,n,e pts and IN.
power 70 proceed ~ runiflarv manner a.,
essential I" iAe performance os the We
iHH3tlons ior whien courts ..te lated. b.
instituted by indictment or Information an.
ii tho zee used were outitiru io trial B.
July, - Is OBVIOUS mat ErNLf alffil uity AZ
delay would BE- eccasioued ia The fIansactio,
o. ordinary tudicial business ane The viz
purpose OK the power would "a many in.
stances be defeated Tho gramers OF OF.
Constitution never intended 70 thus interr.
with the due and orderly administration O
justice II WAS not thor purpose 90 has
lht procedure designated in the sections m,r.
tvAeN cover cOnt-mpfs OF court ..ad tbs
give this class Of offences 4 status thcretoor
unknown IN either the statutory OF the con.
mon law- Tho constitutional guarantees app5
10 slch acts as constitute violations ~ publs
and general laws. They ieaNe contemgs
which arc simply acts IN diso brd,nce Of iod.
N,al lnandates or process. Or which tend .
opstruct tnc dlsnifed and effective zdms
'stration Of justice. to be dealt with In tn
summary manner heretofore uniyef sally fer
lowed.
No one Will be injured by this provisia,
OF the law unless he is defiant violate
Of the law. Even when case is made an:
the injunction granted, the liquor desl.l
Will not be injured unless ne continues to
violate the law IN defiance Of the order 0.
the court. This provision of the law Is
found in practically every prohibiticl
statute. w. 4. WHEELER
Attorney and General Counsel of Anti
Saloon League OF America
Washington, D. c., July 80, 1919.