The Washington herald., 1921-08-25
The Fourth Amendment.


~ task holding very lightly" the Fourth
amendment to the Constitution. He
thoughtfully recommends that take course in
elementary law before again attempting to construe
the Constitution" Yet this after this state
ment: "As matter OF law and fact except as it
Is Incorporated in the constitutions of the individual
States, the Fourth amendment is binding only upon
national legislature and the Federal judiciary"
: This sounds like rather extreme statement Of
States rights. 1t would indicate that States in their
constitutions and laws at liberty to wholly dis
Tegard the Constitution OF the United States. If
this is So led to wonder why it is that State
courts hold provisions of the national constitution
superior to and controlling where there is conflict
in State constitutions or State laws: II the Fed
cral Constitution is the supreme law OF the land,
would to the novice, who claims no
knowledge OF elementary law, that it must be the
supreme law OF the States. y complainant who
claims the violation OF a right conferred by the Fed
cral Constitution go into the Federal courts
but does he have TO do so? Is there such thing
known appeal from State courts to the Federal
Supreme Court in cases involving such Constitut-
ional rights
The Herald docs not hold any Constitutional
right lightly. But men have lived to see a civil
iyyar necessary settle some OF them and the
Supreme Court construe others. Such words as
reasonable" and Unreasonable" seem to depend
upon conditions surrounding each case and
,,aEdly capable OF exact definition in any
When automobiles stopped in succession on a
highway and searched without warrant for each or
any OF them, it is possible court might consider
such conditions.
As example whether or not the police had SUI
ficicnt evidence that one would pass that way in
which would be found bootleg liquor, game shot
OF season, fish caught out OF season, or
hunters with their guns out of hunting season; or
thieves with their loot, wife deserter, or any
other class OF criminal. Such occur every day
The city detectives without warrants, meet trains
looking for suspects. There is not a day in New
York City when and vehicles not searched
without warrant but no paper OF that city makes
Il iuss about it. They want it done for protection
to property incidentally to their property.
On the other hand there very many court
decisions dealing with the Fourth amendment in
Spts brought for search without warrant showing
that this is not a question or one arising only
out OF the Eolstead law. Nor is the Fourth the
only amendment with dubious word demanding
-eeGft construction. Just what is excessive bail;
what is excessive hne"-Judgc Lands once
thought S2o.ooo,ooo permssible-ust what sort of a
law 'abridges the privileges immunities' OF cit-
zens in States what docs from whatever source
derived" mean as to incomes subject to tax?
There are lot of them, to freedom OF speech
and OF the press. The Fourth does not stand alone
as some Senators and CORRESPOND n; ~.Cn 10
think in the righteousness OF Their wrath de-
mandirg their spiritual devotion
The only thing which disturbs the usual equa-
nirnity and comparative indifference OF The Herald
is why the Fourth amendment be made 10
apply so cxtra-rigorously and with superscruplous
ness only to bootleggers? Many home has
been entered and many door kicked in by ruth
less police boot because OF what it believed
would be found within the house back OF the
door. There warrant and the reasonable
ness or unrcasonableness in each depended
upon what was found and how much basis there
was Tor action. But voice has been raised in
the Senate in protest because OF such acts and
columns have not been filled in the daily press
to the sacredncss OF the Fourth amendment.
Strangely enough, also, Virginia, referred to by
our correspondent. ratified the Constitution in 1888
while the Fourth amendment not proposed
until the following year and did not b come part
iof the Constitution until 1891 Yet not having had
"a course in elementary law, continue to wonder
sat the sudden socitude for this amendment just at
,this time. 1t would that Senatorial thirst
anxiety for the thirsty, rather than devotion to the
Constitution, was the inspiring