The Washington herald., 1921-08-09
Votes Drastic Penalties
For Agents Searching
Without Warrants.
PART OF BEER BILL,
WHICH 20 OPPOSE
Constitution Violated and
Homes Invaded, Say
Angry Solons.
~ RALrH n TURNER.

II. whole question Of prohibition
a. II operates In the United States
h.s been thrown open In the SEN
ate-
An anfs-seer bin was passed yes
terday, but twenty Senators voted
axainst II, after . DEBATE which m
seated the nrst organized reaction
toward present-day enforcement OF
the volstead act And while they
ala not succeed In defeating the
bin. or In sending IL BACK TO COM
rnittee, the opposition group did
achieve passage Of an amendment
which requires every enforcement
ofncer 70 obtain . search warrant
before he sets forth on the hauor
traii-a provision which "drys de-
elarsd would -nullify" the Volstead
act
Debate on the issue covered al
legged violation of ths Constitution
by royernment oficials. excessive
imports of liquor. tho operation OF
rum-runners, and the value Of al
cohol as . medicine
what the BIn Does.
The bill, as passed. forbids the
prescription Of beer as medicine
and limits the prescription OF
whisky TO half pint every ten
dayx An amendment authorizes the
prohibition commissioner to stop the
importation of vinous liquors when
ever he believes sufficient wine mas
been produced in this country 70
meet medicinal needs
So wide was the range OF debate
that Senator Ball. Of Delaware. even
yentured to prescribe a formula
whereby any layman can tell
vhether his friends have been drink
ing for medicinal purposes or
merely for social and beverage
reasons ~ .n
A practicing physician for twenty
ave years, Senator Ball told his col
leagues that .Tf whisky 10 discern
ibIe on the breath 1t has been
drank as a beverage; IL 1t has been
uzed as a medicine, you cannot
smell it. for the body aosoros liquor
when II is taken for legitimate
medicinal reasons.
SeNeeded for Medieine.'
Ball contended. along with Sena-
tor Pomerene, of Ohio, that on fire.
auent occasions liquor possessed
high value as medicine. Both men
cited numerous instances OF its
merit in the sick room. and op-
posed legislation which would make
il criminal for a doctor to prescribe
SUFFICIENT liquor to an ailing patient
II Congress can forbid q physician
to use liquor in his profession, 1t
also can stop the use Of liquor for
sacramental purposes. Pomerene
said
Debate was most vigorous, how
ever, over the amendment Of SEN
ator Reed. Missouri. which would
ghaye imposed i've years In prison
or $4,000 fine for any government
agent who violated constitutional
rights In searching for liquor or
seizing property.
Senators Willis. Ohio. and Nelson,
Minnesota. declared that to force
an oficer to obtain a search war
rant would nullify the Volstead act
and encourage bootleggers.
- But despite their warning, com
promise amendment was adopted
imposing a $1,000 fine or one year
Imprisonment upon any United
States agent who attempts to search
property or premises without a war
rant. Heavier penalties are imposed
on persns impersonatins enforce
meht officers. this clause having
been inserted after the charge that
highwaymen were operating as
liquor hunters.
Lodge Enters Fray.
Senator Lodge, the dignified Re
publican leader. told of a man who
lad been arrested while bearing a
Suspicious package" The package
proved to be whisky. but the court
released tn, man and called the
arrest illegal because there had been
no warrant
Protection from illegal search was
provided under the Constitution,
Lodge pointed out, and II was just
as necessary to legislate for the
guarantee of that clause as II was
to carry out another feature of the
Constitution-the prohibition amend
ment.
~why shouldn't officers who vio-
late the Constitution be punished
Just as much as persons who violate
the prohibition clause?" he, asked
Senator King, OF UTAH charged
that officers had utterly disregard
ed personal rights. had committed
assaults on individuals, searched
homes AMI resorted to methods
which were intolerable in a civilized
community" These methods had
been jus'ified by the Anti-Saloon
League, King said, but not by the
law. So ''.-
shoot Hin- Says Williams.
IF an officer opened a mans
valise without q warrant" put in
Senator John Sharp Williams, "the
nan would be justified in knocking
him down. or II the officer pos
sessed superior strength the man
would be justified in shooting
HIM" D
There should be a limit to the
tyranny Of man." said Williams.
quoting proud man. drest In a. lit
tie brief authority plays
such fantastic tricks before high
heaven as make the angels weep"
Passing from the golden age of
Shakespeare to. the Volstead era,
Williams continued:
However much one may hate a
bottle Of whisky. II cannot be said
that its me-e possession in a valise
an irreparable injury to
society"
Senator Nelson declared rum-run-
ners from Canada were so active |
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