The New York herald., 1921-08-21

unless the House will accept the Stan
ley amendment or a substitute very
similar to it.
Big Point for the Drys.
The action OF the conferees was
victory for the radical drys. The STAN
ley amendment as approved by the SEN
ate broadly prohibits the search or seiz-
ure OF any private property or premises
without a legal warrant, and imposes
heavy penalties on prohibition agents
who violate this provision.
The substitute for this proposal pre-
viously adopted by the House with the
approval of Representative volstead
(Minn.). veteran dry legislator. reduced
the scope of the Stanley amendment by
imposing the penalty on prohibition
agents only when they searched private
dwellings without warrant Under this
provision no penalty would be imposed
on the searching or selling of automo-
biles. other vehicles and business prop
erty without warrant.
The House substitute, however, vfr-
tually legalized home brewing and dis
tilling for private purposes by providing
no warrant to search a home could be
obtained unless the dry agent swore
that liquor was being made for sale or
sold" in the home.
The proposal of the conferees partially
tears down the protection set up In both
amendments No prohibition is set up
against searching private dwellings for
home breweries and stills where liquor
Is being made for personal use but not
for SALE as provided in the House
amendment. Home brewing and distill-
ing are prohibited by the volstead law.
and the report Of the conferees provides
that home cannot be searched for any
prohibition purpose unless a warrant Is
obtained.
stanley Amendment Weakened.
The conferees plan then weakens the
protection of the Stanley amendment by
imposing penalties for searches withou.
warrant only when homes are invaded
Thus there is no penalty for searching
automobiles and other vehicles and
business properties without warrant
The conferees agreed to prohibit
searches without warrant OF buildings
and property other than homes when il
is done maliciously and withouc reason
able cause A new provision imposes
heavy fines on bogus dry agents.
Despite the omission OF the House pro-
vision prohibiting any search IT homes
for private brewing and distilling. Mr..
volstead asserted this effected no real
change, as the omitted part was in
included In the original volstead law
This Is surprise to many members OF
Congress. who doubt that the original
act gives so much protection. Here is
the text OF the Stanley amendment. as
passed by the Senate:
Section 6. That any officer, agent, or
employee OF the United States engaged
in the enforcement OF this act or the
national prohibition act, or any other
law of the United States, who shall
search or attempt to search the prop
erty or premises OF any person without
previously securing a searcn warrant
as provided by law. shall be guilty Of a
and upon conviction there
OF shall be fined not to exceed 81 600 or
Imprisoned not TO exceed one year or
botr SO fined and imprisoned in the dis
cretion Of the Court.
ANY person not a duly authorized
officer. agent or employee or the United
states VINO unueT Color OF claim 10 De
acting as such In the enforcement OF
this act. or the national prohibition act.
or any other law OF the United States.
subjects or causes any person to be sub
jected to the deprivation Of any rights.
privileges o. immunlties secured or
guaranteed BY the Constitution Of the
United states, shall be deemed guilty OF
a felony and upon conviction thereof
shall be punished by imprisonment for
a period OF rot more than five years
or BY fine not exceeding $4,000, or by
both such fine and Imprisonment"
Here Is the substitute amendment
adopted BY the House:
Section 6--That no officer agent or
employee of the United States. while en- |
gagged In the enforcement Of this act. the |
National Prohibition Act, or any law In |
reference 10 the manufacture or taxation |
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