The Bismarck tribune., 1922-03-18
WARRANT HELD
NECESSARY FOR
LIQUOR SEARCH
Judge Miller Dismisses Case In
Federal Court and
Rules
OTHER CASES AFFECTED
Says Constitutional Guaranty
Must Be Observed Every
where
OTHER CASES AFFECTED

The protection Of the fourth amend
ment of the constitution guarding the
home must be observed by all Off
GERS of the law, Federal Judge An
drew Miller declared today in dis
missing the case against Edward
Klinger in federal court because his
home had been invaded by officers
without a search warrant.
The dismissal on this ground fol-
lowed ruling by Judge Miller refus-
ing to dismiss the, case on the conten-
tion of William Langer, attorney for
the defendant, that he could not be
charged under the statute making it
an offense to have liquor on an In
dian reservation because his Sioux
county homestead was not on an III
dian reservation.
The case had been on trial. Testi-
mony of j. B. Kitch, former superin-
tendent of the Standing Rock Indian
agency and Government Agent
Ahearn testified. 1t was contended
by LANCER that the home of Klinger
had been invaded by these men, and
by the sheriff of Sioux county, with
out a search warrant, and that al
though the home of klinger was on
land formerly part of the Standing
Rock reservation and under the su-
pervision Of the Indian agency the
government officers could not enter
the house without a search warrant.
The court dismissed the case, say
ing that no one in the country has
right to enter and search the house of
another without a search warrant,
and that such warrant must be OBJ
tained from q United States Com
the affidavit on which it is
based to allege not merely informa-
tion and belief but to state positive,
grounds for the search and setting
forth what officers expected to find.
The constitutional guaranty Of the
bone must be observed, he said.
The same question is to be raised
in four other cases, Attorney LANCER
said. These cases. will be heard in
Fargo in May They ;ure cases againstl
Anton Bartole, F. J. Demery, Frank !
Stumper Jr. and Henry Lisius.
Under the special statute Klinger, If
found guilty OF having liquor in his
possession on an Indian reservation
or an Indian territory" would have
received not less than GO days in jail
and $1OO fine and not more than a
year and one day in prison and $4,000
fine.
Judge Miller held that federal sta
tutes covering the offense applied to
land that is or had been part Of an
Indian reservation, disposing Of the
question, and the trial proceeded.
Allen H. White, former postmaster
at Harmon, pleaded not guilty to an
charge in the court to-
day. Yesterday Judge Miller sus-
tained demurrer to the indictment
against White. The grand jury i'm
drew another indictment.
The case was set over until next term,
and will be heard at Fargo. Whites
bond was reduced from $1,000 to 3d.
900. He had been charged with en-
bezzling about $316l Of postal funds.
Grand Jury Excused.
The grand jury probably will re-
port Monday. The jury has been ex-
cused until that time.
A jury which returned its verdict
late yesterday acquitted Faul Chap
man, a young Indian, of violation OF
the law prohibiting the giving or sell
ing of liquor to another Indian.
The point raised regarding the
search warrant in the Klinger case
was contested by the government. 1t
Is held to have an important bearing
upon future action Of Indian agency
officers at Standing Rock and other
places. a
Judge Miller had previously re-
fused to dismiss the case on the con-
tention by the defense counsel that
Klinger could not be prosecuted un-.
der the special statute because he
was a white homesteader on land
which formerly was part OF the
Rock reservation, but which
is not now part of the reservation.