The log cabin Democrat., 1921-09-19
EXPLAINS SEARCH PROVISIONS IN BILL CONFUSION ISCLEARED UP Attorney Wheeler of Anti-Saloop League Issues Statement on Pend
 ing Prohibition Measure.
(By the Associated Press)


 Washington, Sept. 19.-"There is much confusion over the issue in the United States senate on search war rants and the fourth amendment" said Wayne B. Wheeler, general coun- sel of the Anti-Saloon League, In a statement made public today. There are several things, however, that are clear, and once the people understand them they will not be disturbed over the search warrant controversy" con- tinued MT. Wheeler.
 'The conference committee report which is to be voted upon as a sub stitute for the Stanley amendment, grants no right of search whatever but penalizes an officer for an un- lawful search. It also denies the right of search of private dwelling with out search warrant which was grant ed in certain instances under the re- venue laws, and not under the pro- hibition act.
 There is no constitutional question involved. It is question of legisla- tive policy as to how far existing rights of search shall be limited.
 "The pending report differs from the Stanley amendment in that it leaves existing search warrant laws (except as to search of private dwell lings) just as they are while the Stanlay amendment repeals or modifies the right of search which has been recognized since the beginning of the government.
 Many of the search and seizure laws which the justice department claims will be jeopardized by the Stan ley amendment were enacted by the same statesmen who drafted the fed eral constitution. They were as well informed about the fourth amendment and its guarantees as some of its pre- sent day defenders.
 "The conference committee report penalizes an officer who without prob- able cause and maliciously searches without a warrant. This applies the same penalty to the officer who seaches without a warrant that now applies to an individual who secures a search warrant without probable cause and maliciously.'
 "The adoption of the conference com. mittee report is the only way to get the other much needed provisions of the pending bill. The house and the senate are agreed on all the other points. The house, after full consi. iteration of the Stanley amendment, rejected it by majority of to 1. A vote against the conference commit tees report, therefore, is vote to kill the whole bill. The report cannot be amended, it must be accepted or re- jected as whole.
 'The friends of prohibition did not attempt to change the existing laws on search and seizure. This amend ment was injected into the bill in the senate in the midst of bitter contro- versy without a realization of the en- forcemen laws it would repeal. It gave an excuse to prolong the debate for medical beer. If there is a need to revise the search and seizure laws generally, such provisions should be put in a separate bill and not added as rider to this pending legisla- tion.
 "The Anti-Saloon League has never championed any law to search priv ate dwelling without search warrant. This policy which is complained of, was advocated by the liquor interests to protect them from the competition of the bootlegger. It is inconsistent to complain of this policy at this time simply because some former licensed dealers are now bootleggers.'