New-York tribune., 1921-08-21
Conference Report Sub.
united to Senate Would
Require Warrants to
Search Any Dwelling
Other Property Not
Exempt Under Law
Lower House Expected to
Pass 1t; Upper One Is
Facing, Bitter Fight
From The Tri5une's Washington Bureau

FROM The Tribune's Washington Bureau
WASHINGTON, Aug. 2O.-Senate and
House conferees on the beer bill
reached an agreement this afternoon
1t is compromise of the differences be.
tween the moot "home brew" amend
ment of the House and the Stanley
amendment of the Senate.
1t is made a misdemeanor to search
private dwelling without warrant
or to search without q search warrant
any other building or property "ma-
ilclously and without reasonable cause.
1t 's also made a misdemeanor to i'm
pefSonate an officer, agent or employee
Oh the United States and make an ar
rest, detention or search.
Although the compromise changes the
language of the "home brew" amend
ment the compromise would tend tt
protect "home brew" in that there coulc
DC no search for it without warrant.
Bitter Opposition in Senate
The compromise amendment will
meet bitter opposition in the Senate
Senator Broussard declared he wa.
against it and that it was as objection.
able as the "home brew" amendment
lie said he would stand by the Stanley
amendment. He will have strong sun
port, and the beer bill either will not
be enacted before the recess or the
recess will be much delayed.
Senator Sterling submitted the con-
sentative Volstead submitted it to the
House. House Leader Mondell said il
would be brought up in the House
Monday and adopted.
The following is the compromise sec
tion as agreed to by the conferees and
which is now the chief feature of dis
cussion Of the BILL
Section 6: That any officers, agents
or employees of the United States en-
gagged in the enforcement of this act
or the national prohibition act, or any
other law of the United States, who
shall search any private dwelling as
defined in the national prohibition act
and occupied as such dwelling. without
warrant directing such search, or
who while so engaged shall, without a
search warrant, maiciously and with
out reasonable cause search any other
building or property, shall be guilty
OF mlsdemeanor and upon conviction
thereof shall be fined for a first Of
fense not more than $1,000 and for
subsequent offense not more than
$1,000 or imprisoned not more than
one year, or by both. such fine and i'm
prisonment
"Whoever not being an officer, agent
or employee Of the United States shall
falsely represent himself to be such
officer, agent or employee, and in such
assumed character shall arrest or de-
tain any person, or shall in any man.
ner search the person, buildings OF
other property of any person, shall be
deemed guilty of a misdemeanor and
upon conviction thereof shall be
punished by fine of not more than
than one year, or by both such fine and
Imprisonment"
The Stanley amendment was a COM
pletc prohibition against any search
under any law without d search war
rant. The "home brew" provision of
the House bill read:
Rejected House Provision
"Section 6: No officer, agent or
employee of the United States, while
engaged in the enforcement of this
any law in reference to the manufac-
ture or taxation of, or traffic in, in
toxicating liquors, shall search any
private dwelling without a warrant
directing such search. and no such war
rant shall issue unless there is rea-
son to believe such dwelling is used as
place in which liquor IS manufac-
tured for sale or sold. The term
private dwelling shall be construed to
include the room or rooms occupied
not transiently, but solely as resi-
dence in an apartment house, hotel or
boarding house. Any violation of any
provision of this paragraph shall be
punishable by fle of not to exceed
81 900 or Imprisonment not to exceed
one year, or both, such fine and i'm
prsonment in the discretion Of the
court"
Both these are superseded by the
compromise measure.
Senators Sterling and Nelson signed
the report and also Representatives
Volstead and Summers Senator Ash
CONTINUED on papo threc)