The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-08-24

and after brief debate II was adopted,
] 81 to g. The resolution, offered by
Representative Newton (Minn). reads
Resolved. that tho language pub
lished in the Congressional Record on
Thursday. August 10, 1921, pages 660b
and $500, in the report OF an address to
the Senate by the Senator from Missouri
Mr. Reed. is improper, unparliarnentary
and a reflection on the character OF a
member of the House, the gentleman
from Minnesota, Mr.. Nolstead. and con-
stitutes a breach OF privilege and 10 cal
culated to create unfriendly relation and
condition between the House OF Repre-
sentstives and the Senate.
Resolved further. that copy OF this
resolution be transmitted TO the Senate
and that the Senate be requested to take
appropriate action concerning the sub
ject'
The House apparently was so in
censed al Senator Reeds attack that it
refused to allow his words to be read.
Graham starties Members.
The conference report caused a sharp
debate in the House. Representative
Graham (Pennsylvanie), regarded as
an authority on criminal law, startled
the House by declaring that man
would be partly justified in shooting
prohibition agent If he attempted TO
search him without q warrant. After
relating how a man in Philadelphia with
package of shoes was stopped by
dry agent and searched without a war
rant, Mr.. Graham said:
Think OF an American citizen being
subjected to this indignity. IL he had
turned and shot the officer he would not
have been violating the law to any con-
siderable degree"
Some OF the prohibition liberals in the
House attempted to increase the scope
Of the substitute for the Stanley amend
ment, which now penalties dry agents
only for searching a private dwelling
without warrant They proposed to
make tho penalty apply when an agent
searched the person or personal effects
Of an individual without warrant. but
the drys succeeded in preventing this
from coming to vote.
Republican Leader Mondell attacked
the Senate hackers of the Stanley
amendment by saying hc was beginning
TO wonder "whethsr they were not more
interested in aiding rum runners than
In unfolding the Constitution"
t"rhe highways are congested with
malefactors, bootleggers and rum run
ners. who have no regard for Federal,
State or local laws" said Mr.. Mondell
This is the first time It has been pro-
posed TO point q finger of warning at
the law officer in the performance of his
duty"
Mr.. volstead asserted that the STAN
ley amendment was nothing more than
camoufiage to break down the prohibit
ton enforcement. He declared he was
wiling TO protect the home. but to go
no further, and said that under the
II L. &c
cannot search homes for kitchen brew
cries or distilleries.
Sterling Argues for Bill.
When the bill passed the House it
was brought Immediately to the Senate,
ani Senator Sterling, In charge OF the
measure there, began a long speech in
its behalf He laid stress on the search
and seizure amendment as drafted by the
conferees. declaring Il was constitutional,
while insisting that the Stanley amend
n,ent which had been passed BY the
Senate originally, was not.
IF the Stanley amendment were al
lowed to stand" Senator Sterling said.
ut would nulliFy between twenty and
twenty-five laws on the statute books.
These are laws relating to the postal
service. the collection OF revenues and
the prevention OF smuggling
Senator Sterling read various sections
OF the statutes which provided for the
right to search persons seeking admit
lance 70 the United States for the pur
pose OF collecting duties; he also brought
up the postal laws, asserting that the
right OF the postal authorities to con-
fscate unavailable matter was the same
as that involved in regard to intoxicants
held illegally.
Throuvhout thA speech Senator Ster-
ling was challenged by other Senator'S
who asserted that the cases in no sense
were the same.