The Washington herald., 1921-08-21
Party Ranks Shattered,
Dry Forces Split;
Houses Fight. J.
RECESS IN DANGER
AS THREATS FLY
Constitution Versus Pro
hibition Is Basis
Of Conflict.

Congress was torn asunder last
night in = bitter fight over the
stanley anti-search and seizure
amendment to the beer bill
Party lines were shattered, dry
rank. were split. the Senate and
House at war. and the Congress
sional recess due to start next
Wednesday was threatened by the
determined attitude Of the two fac
tions on the amendment
Meanwhile the Treasury soon
will have to issue the regulation.
that will open the medicinal beer
noodEaIes unless the measur.
which prohibits beer as medicine Is
speedily passed
sFiEht to the Death
Restraint was broken, and the
tense feeling over the Stanley
amendment that had existed for a
week brought to a climax whe.
Senator Sterling. South Dakota
submitted to the senate the sub
stitute agreed upon by four OF the
conferees-
senator Ashurst. of Arizona,
staunch dry. who bolted the con-
ference on Tuesday, refused 10
sign the report. Stating that ne
had not been invited to the con-
ference, Representative Dyer, oil
Missouri, took q similar stand
Advocates of the Stanley apend-
ment read the substitute, and fatty
declared they would never accept
IL. Immediate organization OF an an
oath-bound gang" TO night 1t until
Christmas IL necessary" was begun
Meanwhile Wayne B. Wheeler
counsel for the Anti-Saloon League
and House drys got busy. WORD was
.,nt TO the Senate that the House
would refuse to allow the SENATE
a. recess unless the substitute was
.ee.oted. A ringing def went back.
senator Lodge and Republican
Isader MondelI held a brief but
.nirited conference Monden LETT
IN. conference with a vivid i'm
nrs.sion of the high and deter
mined temper Of the Senate Fur
ther attempts to reconcile the sht-Ep
division Of views were given u2 ior
the day
The Stanley amendment whicn
caused all the row Is described w
n. advocates as reamrmatioh "I
the Fourth and Fifth amendment
10 the Constitution. They assert
that they are in crusade 10 pre-
serve the constitutional guarah'eegss Sc
that make q mans nome
castle" and to protect him from
.earch on the public streets with
out due cause. as provided in the
Constitution
Al first the House proposed as a
.ubstItute for the Stanley amend
ment a provision which would have
Ie1alized home brew" as long as
there was no proof II was made Tor
sale.
sHome Brew, Loses Out.
The measure finally accepted by
the senate and House conferees.
however, provides against search
without a search warrant, only III
the case of houses. Home brew.
therefore, goes back to its original
status under the Volstead act, which
prohibits the manufacture OF any
Intoxicating beverage of more than
one-haIf of per cent alcohol. The
only additional security ho<
brew" has is that accorded all
Iiouor-'dry" officers must have
sufficient knowledge to swear out
A search warrant before being able
20 enter a home
The compromise' agreed upon hs
the conferees retains that part of
the Stanley amendment protecting
homes against indiscriminate searcn
for liquor. but permits the searoh-
ing of automobiles, boats-in facI
any place exceTt a bona hde dwen-
ing house-without a search war :
rant when dry" agents have ren>
sonabie cause" to believe liquor Is
being transported or held in VIOLA
ton Of the law.
The substitute provides:
THAT dry agents searching
homes without a search warrant
or who shall without a search
varrant maliciously and without
reasonable. cause search any other
building or property" shall be guilty
OF a misdemeanor and liable to
fne Of s1.n00. or one year In prison
for a second offense.
Bogus dry agents are liable to
both the fine and imprisonment
The Stanley amendment approved
bv the Senate provides a heavy pen
atty for the agent who searches
person. home. automobile or other
property unless armed with a search
warrant
yol.tead Speaks Up.
The fight was given an unex-
pected turn By a statement issued
by Representative Volstead. the
House dry leader. He pointed out
that the first substitute for the
Stanley amendment adopted by the
House, which was regarded as vir-
tually sanctioning the making of
home brew II not for sale. had been
dropped in the conference agree
ment
This does not effect any real
change" he continued. for the rea-
son that the requirement Is part of
the national prohibition act and the
bill makes no attempt to modify or
repeal that provision"
volstead adheres to his conten-
tion that the Stanley amendment
would greatly interfere with dry
enforcement. making IL especially
hard TO catch bootleggers in auto
mobiles
These concessions, however. did
not alter the position OF the Stan
ley amendment advocates Senators
continued to move about the cham
Der and the cloakrooms enlisting
cesTISUED ON PAGE TWO.