The American issue. [volume] (Westerville, Ohio) 1912-19??, 1919-10-10
Police Commissioner Will Con-
tinue Having Suspects Search
ed Despite Attitude of Prose-
cutting Attorney

ed Despite Attitude OF Prose
cutting Attorney
Prosecuting Attorney Matthew II
Bishop, OF Detroit. refused to recon-
mend a warrant for the arrest o
John Z. W. Xergouw. former count,
treasurer. who was found with a poi
bottle nearly full OF whisky in hi
pocket when in the soft drink salool
Of Peter Dupont. This refusal on tn
part OF the prosecuting attorney es
tablishes immunity from prosecution
OF any man with a bottle oil liqne
concealed in his pocket in Detroit an,
County. Warrants were rec
and issued for Dupont an,
his bartender. In explaining his at
titude with reference to Nergouw, til,
prosecutor said:
| did not recommend war
rant and shall continue to refuse
TO recommend warrants i'll such
cases until We have more den
mite construction OF the Lewis
act refuse because | am not
going TO stand for the promiscu-
Gus searching OF persons on the
mere suspicion that they may
have liquor concealed about their
person. | hold that such searches
arc illegal, the same as the search
OF private dwelling. Both
Judge Jeferies and Judge VII
llins, OF the recorders court, have
thrown out liquor law violation
cases where evidence was OBJ
tanned by personal search.
There may be extreme cases.
but ii the police are permitted to
hold up one man and search him
they can do it with anybody they
wish. They could stop every
man they met on Woodward Ave-
nue and go through his clothes
Tor concealed liquor. The mat
ter would not stop there. Privi-
lege OF such search could be used
. as pretext for offensive treat
ment OF women.
| know that the police do
search individuals for concealed
weapons. | am not prepared to
give a curbstone opinion on that
matter. but | do hold that ones
person is sacred and that where
evidence is obtained in liquor
cases in that manner we shall
continue to refuse the warrants.
Complaint is made at police head
quarters that the prosecutors con
struction OF the law will be used as
cloak by dozens Of blind-pig oper
ators. Hip pocket bars are becoming
the most common means OF dispens
ing liquor, it is said. One OF NOR
persons line up at the bar and tn
money is laid down. The bartende
sets glasses on the bar and pours on
water. il it is required. Then an limo
cent looking man in front OF the ba
reaches into his pocket and pulls OH
a bottle, usually pint or half-pint
and trickles into each glass a small
drink. II a person comes III wh'
looks like a detective, the person witt
the bottle walks out and no liquo
on the premises. One blind
bigger is said TO have a relay. OF tire
accommodating bystanders, each sup
Piled with liberal quantity of liquor
Alter each disposes of his stock h
leaves for a safe place where the sup
plies are stored and another takes hi
place. 1t is said that unless he
actually seen pouring out the drink
raids are practically futile.
DR.. James w. Inches, police com
has announced that hi
men would proceed to search 70
liquor on the hip" as heretofore. L
discussing the attitude OF Prosecute
Bishop, the police commissioner said
| can state our position i'll one
sentence. We intend to go after
every person suspected OF deal
ing in liquor for profit, and we
shall stand upon the right TO,
search such person for liquor. If
we do not, we might just as well
cease our efforts to curb liquor
selling. | wish TO make it clear
that there is no unfriendly feeling
between Mr.. Bishop and me on
this point. We just don't see the
same. 49,
The commissioner added that TIL
police would continue the raid O
homes where they have reason to be
lieve that whisky is being distilled 70
ultimate sale, that the department
does not intend to make nuisanc
of itself in this matter of searching
but that it certainly does intend t