Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-03-17
Y. s. Com. Fogg's
Statement on Bangor
Papers Story of Raid


FogG Of Augusta.
From the story In the Thursday
mornings Bangor News. it IL evil
dent that Commissioner Reid took
occasion to endeavor to score trial
justices and other ofiicials on what
the News chose to call. "untenable
grounds and under a subterfuge. I"
The ruling assumes to be based upon
the way Of the protection Of homes
from unreasonable and illegal
search"
The Bangor story goes farther in
saying. 1T was argued that the war
rant was secured from Commission
er Fogg In Augusta as a subterfuge."
In regard to that very last sentence,
Mr.. Fogg had, no comment to make.
AS long Al the National Prohihi-
ton law IL in force I shall do what
I regard AZ my duty towards its en-
forcement. ! assume that the ofsi-
GERS who are asking for warrants are
acting in good faith. When com.
plaant ana afndavit is made before
mo and suficient evidence produced
to convince me that intoxicating liq-
uors are unlawfulIy deposited. I
shall issue q warrant to search as
long - I am U. 8. commissioner"
The particular warrant, to which
the Bangor man no doubt has ref
erence, 10 that Of Robert H. Jack Of
Bowdoinham, who swore out the
warrant to search as an inspector Of
customs.
The following. quoted from the
Bangor News of March 16, throws
further light upon the story:
IAN important decision was rem
dered by United States Commissioner
Reid Wednesday in a liquor case
coming before him. In the way Of
the protection Of homes from un-
reasonable and Illegal search, and in
rendering 1t he took occasion to
score trial justices and other off,
cials who issue search warrants on
untenable grounds and under sub
terfuge. His ruling is In line with
decisions by Judge Morton Of the
United States district court of Massa-
chusetts and others.
The subject calling forth this de-
nunciation was the arraignment of
Louis A. Rice Of Bangor on a charge
Of unlawful deposit of Intoxicating
liquor at his home, 142 Larkin
/ street, prosecution being had under
the Volstead act, whereas the search
warrant issued by United States
Commissioner Fogg of Augusta was
under the customs act.
"As liquor Is not dutiable. the i'm
portation Of Intoxicating liquors be-
ing absolutely prohibited. the COM
missioner held that proceedings I'M
der that search warrant were illegal,
! liquor not being subject to customs.
As the evidence procured under the
customs act was illegally obtained.
it was ruled that evidence illegally
secured could not be presented in
process under the Volstead act. The
| respondent was therefore discharged
and the liquor seized will be returned
to him.
Robert H. Jack OF Bowdolnham.
In charge of the federal prohibition
field officers just now. made the in
| formation before Commissioner
Fogg of Augusta. making oath that
! he believed certain Intoxicating liq-
uors had been smuggled into the
United States without the payment
OF duties legally chargeabe thereon.
The warrant for search was issued
! on that ground. search for con-
cealed and struggled goods"
1.-THE seizure at Rice's house con-
sisted of eight cases of Haig and
Haig whisky. one case Of Gordon gin
and II bags of Gordon gin, each bug
containing IS bottles.
1T was argued that the warrant
was secured from Commissioner
Fogg in Augusta as subterfuge.
Edward p. Murray appeared as
counsel for respondent. He argued
that the warrant being defective evil
dence could not be presented against
| his client. and this was upheld by the
commissioner. The attorney argued
that 1t was clear subterfuge in get
ting a warrant, entered into by
agents of the government but not by
the government itself. He quoted de-
cisions in several cases sustaining lis
position and said it was a terrible
thing when a magistrate will issue q
process Of this sort so clearly illegal.
He said magistrates stand between
the people and the government and
should not issue a process so plainly
wrong. that magistrate must COM
ply with the statute and there must
be no infraction of the constitutional
rights Of citizens.
Assistant District Attorney Elmer
Perry Of Portland, representing the
government in the hearing. asked the
commissioner II the affidavit would
be considered as q part of the war;
rant. He was answered in the mega
tive whereupon he took no action IN
argument or otherwise for the gov
eminent. stating later that 1t was not
agreeable to represent the govern
ment and come in and be a part Of
such proceedings.
commissioned Reid. in discharg-
ing the respondent. said the question
before the court was the sufficieney
Of the warrant. He said he believed
in the proper execution of the. pro-
hibitory law. but it must be enforced
in accordance with the bill Of rights
Of the constitution. He said that as
suming that Rice had liquor in his
possession, that does, not justify pro-
&c edings Of an unlawful nature. The