The American issue. [volume] (Westerville, Ohio) 1912-19??, 1921-09-23
Conference Report
Should Be Adopted
By U. S. Senate
Defeat of Stanley Amendment is
vitality Important

In statement relative to the anti
beer bill pending in Congress Wayne
B. Wheeler, general counsel OF the
Anti-Saloon League, made the fol-
lowing explanation:
There is much confusion over the
issue in the United States Senate on
search warrants and the Fourth
Amendment There are several
things, however, that are clear, and
once the people understand them they
will not be disturbed over the search
warrant controversy.
The Conference Committee re-
port which is to be voted upon as a
substitute FOR the Stanley amendment,
grants no right OF search whatever
but penalties an officer for an unlaw-
Iful search. 1t also denies the right
of search of private dwelling with
out a search warrant which was
granted in certain instances under the
revenue laws, and not under the Pro-
hibition act.
There is no constitutional qucs-
ton involved. 1t is a question of leg
islative policy as to how far existing
rights of search shall be limited.
The pending report differs from
the Stanley amendment in that it
leaves existing search warrant laws
Except as to search OF private dwell
ings) just as they are while the Stan
ley amendment repeats or modifes the
right of search which has been recog-
nized since the beginning of the gov
eminent.
MANY OF the search and seizure
laws which the Justice Department
claims will be jeopardized by the
Stanley amendment were enacted by
the same statesmen who drafted the
federal Constitution. They were as
we'll informed about the Fourth
Amendment and its guarantees as
some OF its present-day defenders.
THE Conference Committee report
penalties an officer who without prob
able cause and maliciously searches
without warrant. This applies the
same penalty to the officer who
searches without a warrant that now
applies to an individual who secures
search warrant without probable
cause and maliciously.'
The adoption OF the Conference
Committee report is the only way to
get the other much needed provisions
OF the pending bill. The House and
the Senate are agreed on all the other
points. The House, after full con
sideraton of the Stanley amendment
rejected it by majority of to l. A
vote against the Conference Commit
tee report, therefore, is vote to kill
the whole bill The report can not
be amended, it must be accepted or
rejected as whole.
THE friends of Prohibition did not
attempt to change the existing laws on
search and seizure This amendment
was injected into the bill in the Sen
ate in the midst of bitter contro-
yersy without realization of the en-
forcement laws it would repeal. II
gave an excuse to prolong the debate
for medical beer. Ii there is a need
to revise the search and seizure laws
generally. such provisions should be
put in separate bill and not added as
rider to this pending legislation.
"The Anti-Saloon League has never
championed any law to search pri.
waite dwelling without search war
rant This policy which is complained
OF was advocated by the liquor in
terests to protect them from the COM
petition of the bootlegger. 1t is in
consistent to complain of this policy
at this time simply because some for
mer licensed dealers are now boot
ileggers.'