davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19

| In view OF the widespread interest in
| Search and Seizure just now in Bir-
mngham some interesting court decisions
were assembled by prominent lawyer
yesterday at the request of. The Age
Herald:
| Recently the city of Birmingham had
an ordinance under which it was con-
| tended that citizen might be arrested
| for a misdemeanor by a police officer
without warrant upon the verbal com
plaint of another citizen. The supreme
court, Justice Mayfieid rendering the
opinion, held that this could not be DONE
and that any such ordinance would be
Unconstitutional This decision was rem
lNdered as late as June 49, 1918. and will
be found as Eek parte Rhodes" in 70
Southern Reporter at page 1852
In discussing section of the constitu-
ton and other provisions of the bin OF
rights, Justice Mayfield says among 9TH
| er things:
1.-THE constitutional provision applies to
the person as we'll as to the property of
the citizen, 1t applies to seizures as well
as to searches OF either person or prop
erty."
| He refers to the words of Justice
Bradley OF the supreme court OF the
United States in Boyd VS.. L. s., JIG l. 5,
GIG. where he says:
sIllegitimate and unconstitutional prac-
tees get their first footing in that way,
namely, by silent approaches and slight
deviations from the legal modes OF pro-
cedure.''
And also: ''rhe principles laid down in
this opinion affect the very essence OF
constituted liberty and security. :.
They apply to all invasions on the part
Of the government and its employees Of
the sanctity of a mans home and the
| priva cies Of life. 1t is not the breaking
of his doors and the rummaging OF his
drawers that constitutes the essence of
the offense; but 1t is the invasion of
his indefeasble right of personal secur-
ity, personal liberty and private property
where that right has never been for
feited by his conviction Of some public
offense."
And to the case of Pinkerton VS.. YER
berg. Is Mich. 573. in which IT is said:
s"The constitution and the laws are
framed for the public good, and the pro-
lection Of all citizens, from the highest
to the lowest; and no one may be re-
strained of his liberty unless ne has
transgressed some law"
Discussing the legal phase of the situa-
ton. a prominent Birmingham lawyer
said yesterday. = ~
'.This opinion should be read by every
citizen who holds his personal liberty and
his personal rights dear and who does
not believe in Prussianized government.
eIf this city as well as Europe is TO
be made safe for democracy and liberty
ii would not be a bad thing to have the
city attorney read this decision to the
police force at stated periods. and to
have the commission or some other ager-
cy higher up instruct the purity squad
that they are supposed to be bound by
it's principles"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
CITY RETURNS $3.50
WORTH Of TOBACCO
TO GREEK MERCHANT
Cigarettes Seized by Off
GERS Without Warrant and
Kept After Man Had
Been Acquitted

Two hundred and fifty dollars worth
of cigarettes were yesterday ordered
returned to the owner, John Likoudis.
by the city commission. following A
demand made by Attorney Alex c.
Birch, representing Likoudis.
1t was stated by Attorney Birch that
Detective Burge and Patrolman A. C.
Sherod raided Likouds' place some-
time ago and confiscated $3.50 worth
of Camel cigarettes alleging that they
had been stolen from a car on a local
freight track.
Likoudis was given hearing before
United States Commissioner Kenneth
Charlton and the case dismissed lii
kouds stated that he had made re-
peated calls for his property at detec-
tive headquarters and that he was un
able to recover it, finally engaging tle
attorney to secure the return of the
cigarettes. The commission ordered
the cigarettes returned following the
statements made before that body.
The detective department claimed moi
to have known anything about tn.
requests of Likoudis for the return
of his property. 1t was learned upon
investigation that LiSoudis had gone
TO the warden's office and made the
request. and they had told him they
knew nothing Of 1t. The cigarettes
were stored i'm the basement with AL
other confscated property, including
liquors.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Lalu and Decisions On
Search and Seizure OF
Mans Private Property
Supreme Law on
Search and Seizure

"The people shall he secure In
their persons. houses, papers and
possessions from unreasonable setx-
ure or searches. and no warrants
shall issue to search any place or
to seize any person or thing with
out probable cause, supported by
oath or affirma administration of
Constitution of Alabama part of
Bill Of Rights.
Speaking of a similar provision
in the constitution of the United
States. which applies. of course. to
the action of the federal authori-
ties, Mr.sCooIey, the greatest writer
I'm the country on the constitution
and constitutional rights. In his
work ON Constitutional Limitations.
373. says;
at In Oftentfmes- better that
crimes should go UNPUBLISHED thnn
TINT citizens should be liable Ia
hnve their premises invaded. their
private books md papers exposed
or destroyed at the hands of iE-
norant and suspicious men, under
the direction of ministerial officers
who may bring such persons ms he
pleases nrd who selects them on ac-
count of their physical courage
rather than their sensitive regard
for the rights or feelings Of other
people,"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
INVITATIONS OUT TO
: u. S. GOOD ROADS
MEET IN TEXAS CITY

RESOURCES

Invitations have been mailed to COVER
nors members of Congress, mayors,
judges, state highway officials and heads
OF civic associations to attend the annual
: convention of the United States Good
Roads association, of which United
States Senator Bankhead is president.
According to letter from Director
General j. A. Rountree. who has opened
headquarters at Mineral Springs Tex
where the convention will be held on
April 1919, at least 40 states will be Off
cially represented.
Between 1900 and 1000 delegates are ex
pected to attend the convention of the
Bandhead Highway association, which
meets during the same week at Mineral
. Wells, every one of the y states to be
traversed by his proposed highway hav-
ing appointed representatives to the meet
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
TROUBLE
IF OFFICERS KEEP
Up THEIR ILLEGAL
METHOD0F SEARCH
Citizens Continue to Express
Indignation Over Com
missions Authorizing
Violations of Law

Predictions that the system of search
without warrant would lead to violence
were made on all sides yesterday and
even the ardent prohibitionists inter
viewed admitted that the placing of
a premium on liquor arrests would
naturally encourage greater police ac-
tivity in this particular field
Somebody Is certain to get shot
sooner or later IL innocent and self
respecting people are harrassed and
embarrassed by having their automo-
biles stopped and searched by detec-
tives," said J. e. Hawkins. Il have
heard of several cases where visitors
to the city have been forced to submit
to the most humiliating investigation
at the hands of the purity squad
"A radical change in the method must
be made unless serious complications
result" said Theo Nelson.
Conditions here are unheard of and
ridiculous said John T. Yeatman.
How can the city expect to encourage
law enforcement when they break the
law themselves by searching peoples
private belongings without provoca-
tion?'
Things are coming to fine point
here when the bundles of law-abiding
citizens are searched at random by city
detectives" said S. p. Smith. "The
present prohibition law, providing for
the seizure and confscation of prop
erty having liquor on it regardless Of
circumstances Is absurd. The sane vot-
ers of Birmingham should wake up.
AS for this system OF searching cars
without warrant, it's undemocratic
and in my opinion a violation of the
fundamental principles of our govern
ment."
I'VE need a change here badly" said
DR.. Sam Ledbetter. This practice is an
insult to the intelligence of our people.
'There's something wrong down at the
city hail." said Thornton Estes II be-
iieve we have an aquarium of jellyfish
instead Of a commission. I'm for the
preachers in their efforts to make this
better town to live in but when they be-
gin running the city and debating every
detail of the commissions activities
think its time to call a halt. To STOP
dancing at East Lake park is to my mind
a reflection on the people of Birmingham
and / don't believe the great majority OF
citizens favor the action of the commits
sion in refusing to use Pershing Pier for
that purpose
Down at the city hall we have too
many weak kneed brothers who are too
ready to flop wherever the political wind
Flows" said Allen Jemison. This method
of searching cars and packages for
liquor is product of a depraved mind
81 believe in obeying the law said
W. H. Kettig. land | don't think the
commission has any more right to break
the law than anybody else. I wouldn't
like to be quoted on what think Of the
present system employed by the purity
squad
"Some of the prohibitionists are so ra-
bid they would violate any section OF the
constitution to get after liquor smus-
glers," said Charles A. Calhoun.
THE only way the detectives can pe
within the law and stop automobiles In
arch of liquor is to take along bunch
OF John Doe warrants and a justice OF
the peace" said Maciin Smith
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Perkins Enters Race
osp for the Legislature

j Roy e. Perkins, a young Birmingham
attorney. has entered the race for rep
resentative in the legislature from
jefferson county to fill the vacancy
caused by the resignation OF Thomas
e. Huey, resigned.
This makes two positive and third
prospective candidate for that office,
Roger w. Snyder, Birmingham at
torney. having announced several days
ago that he would be a candidate.
Major Virgil ". Evans, who served
two or three months at adjutant gem
eral of Alabama under the appoint
ment of Governor Henderson, and who
was refused reappointment by Cover
nor Kilby, has intimated that he
would make the race, but no positive
statement has como from him up to
the present time.
The date Of the special election for
filling this office has not been fixed
by Governor Kilby. but it will prob
ably be held the latter part of May or
early in June.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
MRS. MARY GILLEN
AND SISTER RENDER
A FINE PROGRAMME
Returned Red Cross Workers Enter
tain kiwanians at Weekly Lunch.
. Big Attendance Recorded

Kiwanians yesterday had the treat of
their lives when Mrs Mary Gillen, ac-
companied by her sister. Miss Berney
Gllen, appeared before the club and en-
tertained them with a splendid pro-
gramme of songs and negro folk lore.
some splendid stories and impersonations
The Gillen sisters have recently re-.
turned from France where they spent
three months as entertainers in the Red
Cross service, visiting the hospitals and
camps where American soldiers were en-
camped or recovering from their wounds.
They made decided impression upon the
K;wanians. and the applause was fire.
quent.
Mrs Gilen has a wonderful knowledge
of negro dialect. and her accent was so
akin TO the soft logic of the old southern
negro nanny that one found it hard
to realize that NANNY" was not there
in person If they used only their ears. A
splendid attendance was recorded. Sew
eral out of-town visitors were intro
duced. among them being ex-President
Hunt of the Atlanta Kiwanis club.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
BLIND ARE GUESTS
OF DRAMA LEAGUE
Invited to Attend Tomorrow and Hear
"O'Flaherty V. c." by Mrs.
b. F. WilkersOn

The Birmingham Association of the
Blind Is invited to attend the Drama
league to morrow afternoon at 1880
o'clock at the Tutwiler ballroom Mrs.
w D. Smith requests only that they
meet and come in a group.
committee will take them In
charge, see that they are comfortably
seated together. and accompany the
group to the office floor of the hotel
after the entertainment.
1t is thought that much pleasure may
be afforded the blind of the city by the
Drama league. and the Shaw play.
"O'Flaherty " c." which will be read
by Mrs. B. F. Wilkerson tomorrow, will
no doubt please them immensely.
A play well read is just as vivid to
those who depend upon their hearing
only as though 1T were acted by diff
ferent characters on the stage.
The blind are invited rs compliment
tary guests.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Prof. Cline to Lecture
I Before Spanish Club

Thursday evening at s o'clock Prof
pierce Cline, professor of history and
economies in the Birmingham South
ern, college, will deliver-an illustrated
lecture entitled The Growth of the
Latin-American Countries" Professor
Cline Is an interesting speaker and his
treatment will be of special interest
at this time Of general political ans
economic world reimbursement and the
revival of the discussion of tho Monroe
doctrine.
The lecture will be given under tre
auspices of the Latin American club.
1t will be free and all the exercises
OF the evening Will be In English. This
meeting will be held in the cafe of the
civic association and the public Is in
yited
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
COLLECTOR CHECKING
INCOME TAX RETURNS
Large Force Working on Lists.
Estimate of Collections Not
Available

The office force of John d. McNeel,
internal revenue collector, is busily en-
gagged in checking up and listing the
returns OF income taxes this week ana
IL is stated several days will be neces.
sary to complete this work. AT this
time MIR. McNeel is unable to give an
estimate of the total collections as the
work of entering the amounts on tre
books has not been completed.
During the last few days allowed
persons to pay their income tax and
courtroom and halls were crowded anu
the large number of clerks were un-
able to wait on the people as fast a.
they came
The office OF the internal revenue
collector has been enlarged. the hall on
the second floor being closed on tho
Eighteenth street side and turned over
to Mr. McNeel while his office force
has been largely increased to handle
this business.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
HASSON CONVICTED
IN CRIMINAL COURT

George l.. Hasson was convicted of
burglary from person and buying, re-
. ceiving and concealing stolen property
yesterday in Judge William f. Forts di-
vision of the criminal court Hasson is
alleged to have stolen some money from
Dan Crawford at the Washington hotel.
He will be sentenced Saturday.
. The afternoon was taken UP with the
hearing of the case of Robert Guthrie,
who was charged with entering the
Burge pharmacy several weeks ago in
company with several other boys, and is
still on trial.
verdict of not guilty was returned in
the case of Will Brown, charged with
violating the prohibition law.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
DR.. VIM. L. Snead Will
Address Medical Society

. Dr. William L. Snead one of the lead
ing orthopedic surgeons of the east. will
address the Jefferson County Medical So
ciety this evening on 1.-THE Injuries of
the Elbow joint
This address, which is in line with the
policy Of DR.. c. w. Shropshire, the pres
ident, to bring noted speakers here will
be held at the Civic association rooms.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Mechanical Engineers
to Meet in Atlanta

The Birmingham section, American So
ciety of Mechanical Engineers, will hold
a joint meeting with the New Orleans
and Atlanta sections in Atlanta on
March q.
1t is expected that about 20 Birming-
ham engineers will make the trip
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
DIR. Mcneil to Address
Graded Union Today

DIR. John NJ Mcneil. noted Scotch
Presbyterian divine who is giving So
ries of lectures at the First Methodist
church this week. will speak to the grad
ed union this morning at 10 o'clock In
the auditorium of tho First Methodist
church. The address win last only q
minutes and the public is invited to
como out and hear this distinguished
visitor,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
TRAVELLING CAR SHOP
PUT ON BY B. r. l.. & P.
Heavier Rails to Be Laid on the Gate
City Line

Heavier rails are being laid on the Gate
City line between Gate City and Wood
lawn. Other service improvements an
nounced by the officials of the Birming
ham Railway. Light and Power company
are:
A travelling shop" an improved type
OF repair car. which was built In the local
shops. This car win travel continuously
over the lines of the system. keeping In
touch by telephone with the line depart
ment.
The foundry at the shops goes into
commission Thursday for the purpose Of
mending brake shoes and making emer-
gency castings.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Marriage Licenses

The following marriage licenses were
issued in the probate office yesterday:
c. L. Dawson to Miss Isabel Latham
F. r. Martin to Mrs. Maggie Grin.
S. L. Taylor of Colvert to Miss Lens
Stabler.
John Ciprano to Miss Gussie Belta.
Ralph G. Dillon to Mrs. Jennie Clark.
Mike Gigis to Mrs. Josie Russell.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
Lymans Bound Over
on Larceny Charge

Henry Lymans was given hearing
before Judge Abernethy yesterday after
noon on a charge of grand larceny and
was bound over to the grand jury I'M
der bond in the amount of $500. 1t was
alleged that Lymans had taken three
sections of radiator boilers which were
valued at 500 from Robert Stephens,
Sr - E. tsr-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
ADEQUATE EQUIPMENT

The equipment now in operation and
to be put in operation during the pres
emit year will be capable of transport
ing 100000 tons annually from the Bir-
mingham district to Mobile and New
Orleans, and several hundred thousand
tons from Mobile to points up the
river.
Prior to the war the freight rate
on cast iron pipe to Pacific coast ports
was around 80 ton. Since the rail-
road administration took over the OPP.
GRAFTON of the railroads this has been
boosted to $40 ton. more than 100
per cent. a rate that makes shipments
to that territory prohibitive. Loca;
cast iron manufacturers had built a
large business on the coast, practically
monopolizing that market, but with the
advance in freight rates the advantage
they formerly held was lost and with
1t the bulk of the business there.
ASK RAIL AND WATER RATE
Mr.. McWane, 1t Is understood, will
ask the railroad administration to make
a rail and water rate from Birmingham
to San Francisco. Seattle, Portland
and other Pacific ports that will en-
able the Birmingham companies to put
their wares there on a basis that will
enable them to regain their lost trade.
Mr.. McWane and Mr.. Britain are
now in Washington, and Mr.. Bum will
join them there tonight or tomorrow
morning. Advices from Washington
yesterday stated that Director General
Hines had agreed to see them at 1880
o'clock tomorrow at which time these
questions will be discussed,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19

The annual meeting Of the Alabam?
Manufacturers and Operators associa-
ton which was to have been at Mont
eomery next Friday and Saturday has
been postponed until May 1e-17
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19

1t has been a hard struggle to get
proper recognition for Birmingham
steel, the prejudices OF two or three
generations having to be overcome be-
fore its merits were finally established.
but 1t has been finally accomplished
The chickasaw plant at Mobile, sub
sidiary of the Tennessee Coal, Iron
and Railroad company, has eight ways,
thus enabling the company to build
eight ships at the same time. Ihs
ships now in contemplation by the COM
pany will have $500 tons dead weight.
Keels fer the other seven will be laid
lust al fast as the ways and materials
are ready, and 1t Is probable that with :
in the next two weeks workmen will be
busy on the entire number.
Steel for these ships has been going
forward from the Tennessee company
plants at Fairfield the past two or
three weeks, the fabrication at present
being done at Chickasaw. When the
! fabricating plant at Fairfield is put in
operation, sometime next month. a
great part of this work will be done
| there.
OFFICIAL VISITS MOBILE
President George Gordon Crawford
and Vice President and General Man
ager H. C. Ryding of the Tennessee
Coal Iron and Railroad company. who
also hold similar positions with the
Chickasaw company. were In Mobile
Monday to witness the first actual work
of ship construction at that plant.
James r. McWane. chairman of the
| Warrior river development committee.
and president of the American Cast
Iron Pipe company; o. /. Bum. secre-
tary of the Birmingham Traffic asso-
ciation H. L. Britain, president OF the
Birmingham steel corporation. and
other local business men and manufac-
turers, will appear before Director Gem
eral Hines and Judge Chambers of the
United States railroad administration
at noon tomorrow to discuss Warrior
river rates and freight rates from Bir-
mingham to the Pacific coast and the
west.
Mr.. McWane Mr.. Bum and Mr.. Brit
tain will make a special appeal for
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
C. T.. LEMON AND. COMPANY
PUBLIC ACCOUNTANTS AND AUDITORS
, I7o2 America Trust Phone VI 1921
Active Shipbuilding At
Mobile Opens Up New
Era For Birmingham
All Steel For Ships Is Made In Birmingham and 1t Has
Been Going Forward to Mobile For Several Days.
Crawford and Ryding In Gulf City Monday

the the be built the Chckaw
Mobile
this other ships built
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
FEES PAID OFFICERS

During the month of February the
books of the comptroller's office showed
that the officers of the police and de-
tective departments have been paid fees
for catching liquor violators aggregat-
ing s226 The members of the purity
squad received the largest bonuses in
this manner, Officer r. G. Patton hav-
ing been paid s27.70; Officer McGill,
$31O3; Officer T. A. Riley, $27.7s; Off
Ger M. w. Alexander, s2260. These four
officers compose the purity squad, and
naturally their fees run a little higher
than the other officers. They are paid
the costs in the cases in which they
secure a conviction. which is the state
law Ne fees are paid for any other
arrests or convictions.
The list in fun for February follows.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1919-03-19
RULES
SEARCH FOR LIQUOR
MUST Be MADE
ACCORDING TO LAW
Officers Received $226 in
Fees for February for
Catching and Convicting
Liquor Law Violat0rs

Now!
The city commission has
issued an order to Chief
of Detectives George Lyons,
and there won't be any more
raiding of automobiles without
the necessary search warrant.
The resolution did not say in just
those words, but 1t lid say that all
searches and arrests would be made in
strict compliance with the law, and the
law ON this subject being plaiu, II
means the saline thing.
The commission has given serious
thought to the matter of procedure in
the enforcement of the liquor Jaws. and
entire day in discussing the matter.
to the letter and they do not intend to
let up on liquor law violators for one
minute but they will instruct the Off
GERS to, be more careful ir the future.
1t is taken for granted. though no
commissioner would state the case in
that form, that arrests where suspicion
is so strong as to make 1t almost with
out the shadow of a doubt that the
driver of car is carrying coRtraband
liquor in his car, will be made without
search warrants, but that where there
is any cause to believe there is chance
for a mistake. the search warrant pre-
cedure will be followed absolutely to
the letter.