The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1921-08-26
UNCONSTITUTIONAL EN-
FORCEMENT.

'OOnAiCJ dllCllQlllClll W JllC Dup-
Elementary Prohibition Enforce
ment bill. That amendment
it a misdemeanor for a
Federal enforcement agent to
search the property or premises
of any person without a war
rant, and a felony for such a.
gent to subject or cause "any,
person to be subjected to the
deprivation Of any rights, priv
"ileges or immunities secured
"or guaranteed by the Consti-
tuition of the United States"
In their passion for the Eigh-
teenth Amendment the fanati-
cal prohibitionists have forgot
ten the Fourth, which gives the
people the right Ito be secure
"in their persons, houses, pa
"pers and effects against unrea-
"sonable searches and seizures.
That protects not only "the A.
merican home," but the Ameri-
can person, suitcase, automo-
bile.
The bill is bad enough in its
regulation Of the practice of
medicine. Its interference with
the fundamental rights of A.
merican citizens is intolerable.
AS Mr.. Williams and Mr.. Bran
degee pointed out, the princi-
Piles of the Fourth Amendment
were Incorporated, before the
Constitution, in the charter of
every British colony and recog-
lnized by every State. They were
a part of English law. Mr.. Ash
urst traced them to Magma
Charta, back, indeed, to the
lJutes and Angles. So ancient
and basic are the guarantees
which the Volsteadians will con-
sent to only in part. They have
been affirmed by the Supreme
Court in notable cases, and,
presumably, would be reafirm-
ed in cases arising even under
the Eighteenth Amendment,
which, in tn e Anti-Saloon
League mind, is the whole Con-
stitution.
Under the bludgeon of the
league, the Volsteadians cry
that the Volstead law and pro-
hibition will fail unless they can
be enforced by means that vio-
late the Constitution. If that
were the case, as it is not, pro-
hihition couldn't help failing
and would deserve to fail. Mr.
Stanley, whose name the a.
mendment bears, says that he
took it up deliberately with
men "who are known for their
earnest advocacy of temper
ance legislation" Mr.. Ashurst
a convinced and consistent pro-
hibitionist, showed the whole
matter in its just proportions
so distorted by the zealots:
] have never struck an opponent
in the back, and / do not think 7
ever will; but the liquor traffic is
one thing in the economy Of this
country that / am willing to strike
in the back or below the belt, MT
! am unwilling to strike the rights
: Of the American people below The
belt or in the back. Since it has
been adverted to that the amend
ment was passed upon by those
Senators friendly to prohibition, /
want to say that is true. have
never cast vote that could be
} called "wetF vote. It is matter
of principle with me. ] believe
: that one Of the ravaging, destruct-
=, i've things Of our national life was
4 the use Of alcoholic liquor, adrent
: spirits, and it was a great day in
. the history Of America when the
Sheppard Amendment to the Consti-
tuition was ratified But
there are other great questions,
: One Of them is the assurance that
t we shall not impair the rights Of
American citizens for which Gov
ernments themselves exist, ant
when such rights Of the citizens
7 no longer exist the Government
e ought to fall and win fail.
d Recess or no recess, the Sci