Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-08-25
|DRY EXTREMISTS
| CAUSE REACTION
By DAVID LAWRENCE
Ueased Wire Service to The Eournal.)
(CopyriCnt 1927


WASHINGTON, Aug. 23.-The re-
action against prohibition-or rather
the extremes to which it's advocates
have gone in attempting to enforce
their ideas-has come on at last.
Congress today stands divided as
it never has been before on the issue
Of whether a mans home is pro-
tected by the constitution of the
United States against search with
out a legal warrant.
Those who have been standing on
the sidelines and predicting that
sooner or later public sentiment
would react against the extfcme pro-
hibitionists are saying that the in
evitable has happened. For the first
time in years members of congress
who have voted dry every time the
Anti-Saloon league puts its approval
or disapproval on a liquor measure
now are standing with the liberal
element as against the Anti-Saloon
leagues proposals.
Up to now there has been on refuge
for the men in congress who felt
that the prohibitionists were going
too far. He has had to vote dry or
be branded a wet" But the search
and seizure controversy has changed
the whole character of the contro-
versy. The question now is not
whether liquor shall be manufac-
tured and sold. The federal consti-
tuition prohibits that and gives con-
gress the right to fix the amount
of alcohol in beverages. But the re
H1S-f f1an
Volstead act which dealt with the
enforcement of the constitution.
The Question
Shall mans own home, his au-
tomobile, his suitcase, his hotel room
be searched without a warrant? Shall
a warrant be issued unless there
is sworn proof that the individual
actually is engaged in the sale OF
liquor?
If the Stanley amendment, which
was passed unanimously by the sem
ate goes through finally, prohibition
officers will have to present proof be-
fore they can get a warrant from
judge.
The prohibition advocates say this
will dampen the enthusiasm of en-
forcement officers and give bootleg
gers a free hand. The other side in
sists that the constitution protects
Il citizen against search without war
stitution is just as sacred as an
other.
The vigorous fight put up by the
AntiSaloon league against the Stan
ley amendment is proof indeed of the
seriousness with which the proposal
is regarded. Some have gone so far
as to say it would make the Volstead
act almost impossible of enforce
ment so far as individuals are con-
cerned.
Others on the opposite side say
that would be a good thing, for they
claim the people of America only
intended in the first place to abolish
the saloon and distillery and didn't
intend to interfere with home brew
ing or other personal liberties in con-
veying ones household goods from
place to place.
Senate Amendment
There always has been q good deal
of political embarrassment about the
prohibition question. Many men who
ade liberal at heart have voted drY
and many who have voted wet"
have themselves been teetotalers.
The Anti-Saloon league H. splendid
organization has managed to crack
the whip over congress BY taking
advantage of public sentiment
against the saloon and other abuses.
That same strength enabled the Anti
Saloon league to put through the Vol
stead enforcement act. But the re-
action in sentiment which has de-
veloped since that law was put upon
the statute books has encouraged the
liberals and brought converts to their
ranks.
Some members of congress think
some day public sentiment will per-
nit congress to legislate for 2.75 beer
and light wines. but not very soon.
Nevertheless the present fight over
the right of a prolh bition officer to
search without a warrant has opened
the eyes of everybody to the change
in sentiment and both sides are Won
dering just what public opinion is
at present on the prohibition ques-
ton.
The senate is standing like a rock
against the compromise offered by
the Anti-Saloon league. It's the first
time the senate has defed that or
ganization. Drys Joined with vets
in framing the Stanley amendment.
This never would occur if the senate
felt that public sentiment was the
same today as when the Volstead act
was pushed through both houses.
Usually the Anti-Saloon league gets
its legislation through in hurry
and without difficulty.
The emergence of the search and
seizure controversy is the most sig
nificant thing that has happened
since TIE nation went dry. The Anti
Saloon league leaders are threaten
ing to carry their fight to the po-
litical conventions of both parties.
but so long as it is one section Of
the constitution against another the
chances are remote that either con-
vention will care to go on record
against search and seizure without
warrant.