New-York tribune., 1921-09-25
Until the Eighteenth
Amendment Was Rdti-
fled the Fourth Was
Taken for Granted, but
NOW 1t Is a Case of the
Irresistible Force and
the In1moUable Body

Sabbath Day acts, or that of profane swear
ing"
"As soon as he had finished" said Otis,
Mr.. Ware asked if he was done. He said
yes We'll, them said Mr.. Ware, I will show
you a little of my power. I command
you to let me search your house for unac-
custoned goods and went on to search the
house from the garret to the cellar, and then
served the constable in the same manner"
One imagine the astonshment Of the
court and it is possible also to visualize the
satisfaction of Mr.. Ware, who, on being made
the victim of the blue law, made Judge and
constable the victims Of law even more
absurd,
The case that officially put an end to the
issuance Of general warrants in England came
up in 1868, when warrants were issued for
the discovery and apprehension of the authors
and printers (not named) Of the obnoxious
No. 45 of "The North Briton," which COM
mented in Severe and obnoxious terms" on
the Kings speech at the prorogation of Par
lament.
Forty-one persons, including a printer named
Wilkes, were arrested. When it was found
that Wilkes was the author, libel against him
was filed, on which verdict was obtained. In
suits afterward brought against the Under
Secretary of State, who issued the warrants.
Wilkes and Dryden Leach, one Of the printers
arrested on suspicion, obtained verdicts for
damages
When the matter came before the Kings
Bench IN 1855, Lord Mansfield and three other
judges pronounced the general warrant illegal.
In giving this opinion, Lord Mansfield said:
mo degree of antiquity can give sanction to
a usage bad in ITSELF
The following opinion by Lord Camden has
been much quoted in cases which have borne
upon the Fourth Amendment. Rendering
decision in a case in which seizure without
warrant was an issue, Lord Camden said:
''The great end for which men entered into
society was to secure their property. That
right is reserved, secluded and incon,muni-
cable in all instances where it has not been
taken away or abridged by some public law
for the good of the whole The cases where
this right of property is set aside by positive
law are various. Distress, executions, for
textures, taxes, etc, are all of this descrip-
ton, wherein every man by common consent
gives up that right for justice ard the gem
er-l good. By the laws Of England every
INVASION of private property, be it ever SO
minute, IS trespass. No man can set his
foot upon my ground without my license bat
he Is liable to an action though the damage
be nothing; which is proved by every decla-
ration IN trespass where the defendant ia
called upon to answer for bruising the grass
or even treading the soil. If he admits
the fact he is bound TO show, by way of
Justification that some positive law has ius-
titled or excused him. The justification is
submitted to the judges, who are to look in
the books and see if such justification can
be maintained by the text of the statute law
or by the principles of common law. If no
such excuse can be found Or produced the
silence Of the books is an authority as against
the defendant, and the plaintiff must hayc
judgment"
The Fourth Amendment has borne the brunt
Of many legal attacks. Also its limitations
have been plainly defined. When in Boyd
versus the United States, attempt was
made to enforce penalty under the customs
acts, providing that the prisoner must produce
an invoice in court for the inspection of the
government attorney or else be taken to con-
fess the otfense, it was held that such pro-
vision was obnoxious to the article in question,
Of papers, and also to a subsequent amend
ment because it compelled the accused to pro-
duce evidence against himself (Hannis Tay.
lor: THE Origin and Growth of the Ameri-
Constituton.)
The provisions Of the amendment do not
prevent court from issuing subpoena, nor
can corporation refuse to produce papers OF
answer discriminating questions under it. The
distinction is that corporation is created by
the state presumably for the benefit of the
public There is q right reserved by the Legis-
lature to investigate contracts of a corporation
and ascertain whether it has exceeded its
powers. So a corporatiop cannot claim irnru-
nifty from producing book, or papers riSa. aa
Individual might claim.
The provisions Of the Forth Amendment
are far reaching in the extreme Probably
few citizens know that under the amendment
letters and packages are as fully guaranteed
from examination and inspection, except as "a
outward form and weight, if they were re-
tanned by the parties forwarding them in their