davidaulloa/AmericanStories huggingface dataset:
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
IMPORTANT COURT DECISIONS
SEARCH MISUNDERSTANDING
Edited by Boyd P. Doty
Attorney World League Against Alcoholism

or non-liability of the officers for en-
tering defendants house, but only with
tie question as to whether or not any
constitutional right of defendant was
violated by the seizure of the prop
erty.'
And again:
1t will be seen from the above that
the exhibits were property which, be-
cause of its use, stood forfeited-prop-
erty to which defendant could claim no
title. No right of defendant was vio-
lated by its seizure; and this regard
less of whether the search was right
full. The seizure being rightful, no
constitutional right Of defendant was
violated by receiving the exhibits in
evidence
The philosophy of the Walser case,
and cases from other courts involving
the same subject is, that implements
and apparatus uscable and intended
only for the unlawful manufacture Of
Intoxicating liquors are not the SUBJ
iect of property rights. Such prop
erty is contraband, so to speak, and
no person has right to it's possession
as against any other person. The law
does not recognize it as the subject of
legal ownership. By this we do not
intend to intimate that one person,
even though an officer of the law, may
resort to unlawful means to gain pos
session of such property from another
person, but that one person, because
of claimed ownership or property
rights therein, can not recover such
property from another"
By this decision the Supreme
Court of South Dakota again aligns
itself with the growing list of State
Supreme Courts which hold that (a)
intoxicating liquor, though seized un-
der a defective search warrant, can
not be returned to the person from
whom seized and (b) that such liquor
may be used in evidence against the
defendant.
Attention has been called in these
columns to number OF decisions Of
State Courts in direct conflict with
that OF the United States Supreme
Court. OF course, the State Courts i'll
administering the state law are SUI
preme in this particular within their
own jurisdictions, and it is important
TO note that both logic and common
sense seem to be wholly on the side
of the South Dakota and other State
Courts.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
ANTI-sALooN LEAGUE OF AMERICA
Legislative Candidates

The last day OF filing for legislative candidates will be February
Is The last day for withdrawal will be five days later March
important that there be Just the right number
legislative the field There should be neither
many few If there many dry candidates in
district the dry will be badly split that wet candidates
In districts there danger that ewl not be
dry candidates could easily be elected by
In such additional candidates
strong enough should be brought the field before the last
filing has by The important period in the
fight to legislation between and
February 2S, and the following five days.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
POLICE ATTACK SALOONS
EN- MASSE IN PHILADELPHIA

Last Monday night, February H.,
General Butler, tie fighting marine,
who has been sending bootleggers and
vice lords scurrying to cover, went to
the electrical bureau telephone switch
board at nine o'clock and by plugging
in all stations simultaneously ordered
police of all districts to turn out in q
concerted mass attack. After giving
the initial order the director ratified off
lists OF suspected places in every dis
trict and told the police to go out and
get them"
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22

In the case OF State Y. kieffer. the
Supreme Court of South Dakota in an
opinion filed January %, 1924, re-
affirmed the case OF the City OF Sioux
Falls V. Walser, IS S. d., Az, and
clearly set forth its views regarding
the property rights in contraband LID
uor and implements for the violation
of the prohibition law.
As a result OF search made by the
state authorities under search war
rant, still and other apparatus for
the unlawful manufacture OF intoxi-
eating liquor and a quantity OF such
liquor was found kieffer applied for
all order for the return OF the liquor
to him because the search warrant
was illegal and void. The Circuit
Court, to which the appeal was made,
ordered the return OF the liquor. The
State appealed to the Supreme Court
and the Supreme Court reversed the
Circuit Court and in part said:
Because of the very earnest argyll
ment made by counsel for respondent
on this question, we have again gone
over the matter and examined the
cases cited and reviewed in the Walser
case; but after very careful reconsid-
Grafton of the question involved we
are of the opinion that the conclusion
reached in that case is not only sup
ported by reason but by the cases
cited and reviewed therein"
The court then refers to the appar-
ent lack OF harmony in the cases cited
in the Walser opinion and says that
"the lack of harmony will be found to
be apparent only This distinction is
clearly pointed out by the following
language in the Walser case:
There is wide distinction be-
tween the seizure of property lawfully
in the possession of person and the
seizure of property which is being held
and used in violation of law, and in
and to which property, because OF
euch violation OF law, the person in
possession can claim no property
rights. We are not concerned, at this
time, with the question of the liability
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
PHARMACY FACULTY TAKES
STAND ON LAWLESSNESS

Every member OF the faculty of the
Philadelphia College OF Pharmacy has
signed strong resolutions against law
lessness, with special regard to the
Eighteenth Amendment, says special
Philadelphia communication to Amer
lean Issue. The school as whole
has pledged itself to observe prohibit
ton and the ideals connected with 1t.
Students who violate the law will not
be recommended for position or
graduation.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
Legislative Endorsements

AS possible March T. the last day withdrawing
petitions legislative the Anti
Saloon League will be announced 1t impossible make the
all candidates fled and the last day
which candidates withdraw. Immediately after the last day OF
withdrawing the headquarters committee of the Saoon League
will decide upon the Endorsement OF candidates Then
possible these Endorsements will be announced through the
and by OF Endorsement cards which will be
distributed promptly and widely possible While awaiting
the Endorsements OF the Anti Saloon League which the best
and best guide dry thorough preparations should
be made the largest possible vote the polls
primary election day, April s.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
A Demonstration of Chicago Tribune Methods

Chicago Tribune articles the liquor problem
Canada Mr.. Arthur Evans when Ben Spence dis
the nSaoon League No
the Chicago Tribune could
given the report of the address by Spence the
Tribune day Every delegate who heard Spence and
Trbunes report his speech could clearly that
purpose Tribune dscred prohibition Never
will delegate who heard Spence and then read the Tribune
report of the speech place reliance anything the
relative prohibition that may appear in the
Chicago Tribune
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
Four Years of Law or Liquor--Choose April 9th

In almost every Illinois county the question OF law awes
will be decided the April
wl'be nominated
prohibition enforcement by aggressive states
attorney or liquor breaking because of states
attorney lazy his official power
Which shall it be?
powers and duties OF the states attorney set forth in
section 20 OF the Illinois prohibition follows:
shall be the OF the attorney OF county
diligently prosecute any and all persons violating OF the
his county and he shall be responsible tor the
proper enforcement whenever he shall have
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
EVIDENCE NOT EVIDENCE
IMPROPERLY OBTAINED

In three cases involving the liquor
laws of the State of Missouri it was
held on February by the supreme
court EN- banc that evidence OF the pos
session of liquor, illegally obtained by
officers, or evidence obtained through
improperly or illegally issued search
warrants, is inadmissible in the courts
of Missouri and the defendants can not
be convicted on such testimony.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
NEW YORK STATE GRANGE
FOR STRICT ENFORCEMENT

AT the closing session OF its conven-
ton in Buffalo the New York State
Grange adopted resolutions enjoining
strict enforcement of all laws and OPP
posed any modification of the Volstead
act. The grange also adopted rcsolu-
ton urging that jail sentences with no
option OF a fine be imposed upon in
-toxicated automobile drivers
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
Alcoholism the Liver
California Liberator.

Calcium Carbide and gasoline are
among the ingredients to make
''potcen," which is the Irish for hootch,
according to testimony offered at a
trial in Tisnaska, County Formanagh,
Ireland.
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
LOCAL OFFICIALS HAVE ENFORCEMENT POWERS


(By Chief Federal Field Officer c. W.NuelD
is not how
be find which
dynamic
which las brought hilltop waning
contrary business
causc proven
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
PROHIBITION RESULTS
Inebriety

The following is the record OF the
inebriates in the state hospitals of
California on June 30 of each year
from 1915 to 1923:
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22
Number of Inebriates
Alcoholic Deaths

The State Bureau of Vital Sta
tistics reports deaths from alco-
holism and cirrhosis of the liver
in California as follows:
Cirrhosis of
The American issue. [volume] (Westerville, Ohio) 1912-19??, 1924-02-22

AND STILLS SEIZED
UNDER DEFECTIVE SEARCH
WARRANT ARE NOT RETURN
ABLE TO THE OWNER AND
MAY BE USED IN EVIDENCE
AGAINST HIM
The Omaha morning bee., 1924-01-13
Jerry Howard in
Row Pulls Gun
State Labor Inspector in Ar
gument With Store
Official.

Jerry Howard, Omaha representa-.
tive Of the state labor board, pulled a
gun on Harry B. Zimman, former city
commissioner and now an official Of
the Brandeis stores, in the course of
an argument in the labor board rooms
In the court house Friday after
noon.
: The maneuver was for the pur.
pose Of emphasizing the following oral
threat:
III you try to contradict me, I'll put
bullet through you"
Luther B Frye OF Lincoln. commits
sioner of labor and fire prevention for
the state. restrained Howard with a
word and a gesture and the Omaha
labor commissioner restored his pistol
to Its holster.
In Conference With Employers.
The by-play took place In the course
of 4 conference between members OF
the labor board and representatives of
Omaha industries employing woman
labor and was witnessed by more than
a score of men.
The meeting was called by Frye.
He explained that the board had re-
ceived a number OF complaints that
Omaha firms were compelling women
employees TO work more than nine
hours a day and after 10 o'clock at
night in violation of the state law.
Harry B. Zimman attended the
meeting as the representative OF the
Brandeis store together with John c.
Wharton, the stores attorney.
After Howard had uttered his COM
plant to the board regarding Zim.
man. the latter rose to make his
answer.
Zimman had spoken only few
words when the Omaha labor represen
ltative leaped to his feet. reached into
his pocket. drew forth his pistol and
shouted his defiant threat toward the
| speaker.
After Frye had restored peace with
out showing any excitement, not even
arising from his chair. Zimman and
Howard exchanged personalities until
admonlshed by Frye that their re
marks were OUT OF place.
"If you come into the store with
that gun I'll take II away from you
and ram II down your throat. Zim
man advised Howard. Il also want
to say that whenever you come into
our store and act like gentleman yov
will be treated as such. II you don't
act like a gentleman ! VIII throw you
out Of the store"
Zimman said that short time age
Howard entered the store after hours
rushed through the store ordering the
girls at work to put on their hats and
coats and leave Immediately. lie or
dered Howard out OF the place.
Frye explained the meeting wal
merely an informal conference and
that he wished 10 advise all Omaha
! esta ablishments that they would be ex
/ pected to observe the law. There
places were represented: Brandei'
store. Burgess.Nash. Athletic club
Hotel Fontenelle. Thompson Belden
Fitzpatrick woolworth's McCrory's
Virginia cafe. and Bankers Reserve
Life. A number of other firms invited
failed 10 appear.
Mr.. Howard refused TO say whether
or not the pistol was loaded
The Omaha morning bee., 1924-01-13
VIII Cost Day More Now and February Buy Now
Spark Plug Wins 100000 Race
BY Mere Flash of Flexible Hoof

Indeed, as reporters were being dis
missed O few hours after the finish
of the race, Mr.. Google uttered these
historic words to his faithful Jockey
Sunshine.
Young man. see II any movie
queens are out In the hall. II 80,
send in the blondes and brunettes--
the rest can go home"
Mr.. Google told reporters ne
planned to stay In California some
time. during which he hoped to send
Sparky against Sassie Susie in a
special match race, probably between
this city and San Francisco.
Choice Oats Diet
Spark Plug is dining on oats Sc
lected daily by a commission of agri
cultural college professors. Sunshine
has been presented with a pair Of
diamond-studded dice by the Society
for the Promotion of Afro-America
Ma-Jong, and Barney's marvellous
puddle jumper is being sought by
rival corps of gasoline engineers. bid
ding, II Is reported, IN oehan OF
John d. Rockefeller and Henry Ford.
respectively.
Sassy Susie's hackers are already
demanding special match race.
Their alibi Is that Susie lost because
her hoofs were still cracked and sore
where those Arizona safe-crackers
had blasted asphalt off them. This
handicapped Susie quite sorely. they
say. and loudly announce that II ex
plains why Sparky won by single
light hoof.
Local sports cashed In heavily CT
Sparky's victory. They are already
much interested In possibilities of
Los Angeles-San Francisco match
race between the Plug and his fair
,-fx-
The Omaha morning bee., 1924-01-13
Masters Will Probe
Sir Quarts Taken in
Last Raid on Locker
Hijacking at S c h o oil

Omaha Central High school basket
ball men will be qulzzed by Principal
J. q. Masters Monday morning. In
regard 10 alleged hijacking which
has been occurring In the school for
some time.
Largest depreciation attributed TO
the school athletes was the taking
on fix quarts Friday from padlocked
container In tho basement OF the
school. nea rthe dressing room. Minor
losses OF a quart or two at time
have been reported previously but
the latest wholesale hiiacklng result
ed In Investigation.
Students about the school openly
boast OF the ease with which they
have connived to get the stuff.
The culprits. when found, viii have
the alternative OF paying for the ice
cream or being expelled from school,
The Omaha morning bee., 1924-01-13

Los Angeles, Jan. 12.-Spark Plug
won the great 100000 cross-country
race, which finished here today.
Sassy Susie was but a hoof behind.
1t was the closest finish since Zev
and In Memoriam gave the Judges
a puzzle at Churchill Downs few
months ago.
This S,300-mile race. which carries
with It the long distance horse racing
championship OF the world. started
from New York soon after the mid
die of November. There we're dozen
entries at the start. but soon after
the Mississippi was crossed all but
Spark Plug. Sassy Susie and Barber e
Itch dropped out or lost their way.
Barney Google. owner of Spark
Plug. was pacemaker all during the
contest for his entry, riding his cele.
brated puddle jumper on which he
flashed under the wire today Just
ahead of Sparky's 100000 hoof.
Puddle Jumper Threatened
Tonight a great celebration will be
held in honor of Barney and Sparky.
A crowd that would overflow Belmont
park saw the thrilling finish and
went delirious with delight when
with a final rubber-ioint plunge
Spark Plug all but punctured the
rear tire of his owners puddle jump
er In winning the mammoth of all
marathons.
Merchants and movie stars We'd
with officials and sportdom In ac-
claiming Spark Plug as the Man o.
War of all Marathoners. Since the
inspiration of Sparky's recent spurts
was the beauty OF certain film
queens. a series of victory parties
is being planned by some Of Holly
woods fairest In honor of Mr..
Google.
The Omaha morning bee., 1924-01-13
Buried


Is greenbacks too. They
are not buried, tho it
might be said that their very
prominence hides them--they
are right under your nose. If
you were playing "hunt the
thimble," your fingers would
get burnt every time you pick
up your paper, yet it is doubt
ful if you realize that the
Want Ad page in The Omaha
Bee is a veritable gold mine.
Read the Want Ads regularly,
you are bound to save money
on many purchases which
must be made. The Want
Ad page is a public Auction
Mart.
The Omaha morning bee., 1924-01-13
A Queer World
LITER" Is Toastmaster at
Dinner for Oregon Judg-
es-Hen Lays Egg Like
Ostrich,

Salem, Ore. Jan. l2.-Russell Brake.
serving a life term In the state peni-
tentiary here for murder. was toast
master, and John Laird. also serving
life term for murder. was one OF
the speakers at a dinner I'm the prison
dining room last night at which 100
Oregon county judges and commits
sioners were guests. The county Of
ficials are holding a convention here.
More than 400 convicts attended the
affair at which Governor Pierce and
Frank Wilson, serving 20 years for
robbery. also spoke.
The Omaha morning bee., 1924-01-13
Customer Dead.

Los Angeles. Jan. 12.-When L.
L. Anderson called nj the home OF
T.. T.. Clemens late last night and
according to the police. demanded
payment for Two cases Of liquor.
he found his customer had Just died
from what was diagnosed as H.
quor poisoning. Members OF the
household attempted 10 overpower
Anderson but he fled. Later he
was captured and confessed. police
said that he had sold the liquor 10
Clemens. He was booked al the
city jail on suspicion Of man
daughter.
The Omaha morning bee., 1924-01-13
Statesmen and Agents.

MES. Catholics neat appearing: city and
road work: 3 10 10. to 8. J. ". Gala
Rner bzz Paxton Blk.
The Omaha morning bee., 1924-01-13

CLOSING HOURS FOR CLASSIFIED
ADS
morning. r.ulllOn y. -
Evening Edition. IL 1:3o 4, m
Sunday Edition. p. m. SATURDAY
Classified Ads accepted at the following
offices.
Main office. ce........17th and Farnsm ets
South Omaha.-N. w. Cor. Path and SITS.
Council Bluffs. .15 Scott st.
Telephone
Atlantic 1000.
The Omaha morning bee., 1924-01-13
Dynamite EN-.

Washington. Jan. 12.--Extension
OF the three-mile limit 10 "a miles
and the blowing up of any vessel
bringing liquor within TINT zone
was advocated by Senator Brook
hart Of Iowa in an address last
night at a banquet attended by
about 400 prohibition workers on
the payroll OF the AntiSaloon league
Representative Blanton Of Texas
favored use of the navy TO combat
rum running and declared the rep
resentatives Of foreign governments
who do not comply with the dry
laws should be sent home.
The Omaha morning bee., 1924-01-13
BEE CLASSIFIED
AID RATES

&c per line each day or days
&c per line each day . or days.
loc per line each day. days or longer.
tnnnta In nIn Inanlflnnfinns.
The Omaha morning bee., 1924-01-13

For al Other classif,cations our regular
rates as quoted below apply
These rates sprly 10 The Sunday Omahs
Bee as well ~ The Morning ard evening
Bee. All week dAv sdNertlrem-nts sp.
rear In both morning and evening editions
~ the one cost
iSe rer ins each DAY. or days.
nc per line each day or days
mir OMAHA nna reserves ths right
70 reject Or Tewffte all copy.
call for Classified Ad Department, An
experienced Classified Al fater will 70.
eeive renr al and bill will he mailed
iafer he rates quoted shoNs apply to
either rh.fgr or cash orders
TIE EvENlEu rEh.
The Omaha morning bee., 1924-01-13
Conscientious

Eureka. Cal. Jan. IA black
minorca hen. the property Of Harry
Moreton Of Fortuna. is believed by
l,er owner to have cclipsed all past
performances by laying an 8-ounce
egg. which measures 10 i-s inches in
circumference.
Evening star., 1924-10-18
RITES FOR DR.. NELMS
TO BE HELD MONDAY
Memorial Services to Be Conducted
in Grace Church
Tomorrow.

Memorial services for Rev. DR.. 7
Henning Nelms, rector of Grace Epis-
copal Church, Woodside, Md, who
died at his home in Woodside Thurs
day night, will be held in Grace
Church tomorrow afternoon at 4
O'Clock. Rev. DR.. c. Ernest Smith,
rector of st. Thomas EPISCOPAL
Church, a close friend of DR.. Nelms.
will ofhciate. The body will lie in
state in Grace Church from noon to-
morrow until o'clock Monday even
ming.
Funeral services will be conducted
in Bethlehem Chapel by Bishop James
E. Freeman of the Washington dio-
cese, assisted by DR.. Smith. Monday
evening at 8 o'clock. Interment will
be in White Plains. n. Y, Tuesday
morning at 10 o'clock
Members of the Episcopal clergy of
this city and other prominent citizens
will attend both services.
Honorary pallbearers will be Rev
c. T. Warner, Rev. DR.. Herbert
Scott Smith, Rev. Alan S. Hawkes.
worth, Rev. DR.. William S. Bishop,
Rev. DR.. George f. Dudley, Rev. H
Allen Griffith, Rev. r, ]. Ripley, all
of this city, and Rev. Clarence H.
Reese. rector of ST. Matthew's Epis-
copal Church, Philadelphia, of which
DR.. Nelms was formerly rector.
Evening star., 1924-10-18
DR.. Gertrude Brigham Gives
Dinner IN Canton College.

DR.. Gertrude Richardson Brigham
now in Canton, China, gave a dinner
at Canton Christian College recently
in honor of the American consul, Mr.
Douglas Jenkins, and Mrs. Jenkins,
who are we'll known in Washington,
where they were stationed a year or
so ago, following a previous assign
ment in Manchuria. Members of the
college staff, who have entertained
Miss Brigham since her arrival. were
guests. 1t was Chinese dinner.
eaten with chopsticks. and there
were 20 guests. including two dis
tinguished Chinese, Mrs. Chung. wife
of the associate president, Mr.. Chung
Wing Qwong, who is now absent in
South America, and Mr.. Chan Shau
Vi, professor of Chinese literature.
Among the others were Acting Pres
ident and Mrs. Alexander Baxter of
London. Dean and Mrs Kenneth Dun
can of Wisconsin. Prof. and Mrs.
Ronald Davis Rees of London. and
many of the American staff. The
consul made an interesting brief ad-
dress, followed by other informal
speakers.
Mrs. o. D. Oliphant Of Trenton, N.
j.. the national president of the
American Legion Auxiliary, was
among the guests at a card party