Newark leader. ([Newark, Ohio]) 1917-1946, 1925-08-28
PROFANING THE HOME


prohibition agents on Senator Bend
er's home in Cleveland for liquor
which was not there and which there
was no reason to suppose was there.
The incident has unusual news inter
est because of Senator Bender's poll
tical prominence in Ohio and his rec
ord as an outstanding dry leader,
albeit one who has had the courage at
times to place the Constitution of the
United States above the behests of
the Anti-Saloon League lobbies in our
legislatures. But the indignity suf-
fered by Senator Bender is no new
thing in Ohio. Thousands of Ohio
citizens as respectable and innocent
as he, though less conspicuous, have
suffered likewise. That such things
go on in America is a burning shame.
They are gross violations of the Bill
Of Rights.
"The right of the people to be Sc
cure in their persons, houses, papers
and effects against unreasonable
searches and seizures" says the
fourth amendment, "shall not be vio-
lated; and no warrants shall issue
but upon probable cause, supported
by oath or affirmation and particular
ly describing the place to be searched
and the person OF things to be seiz-
ed" This guarantee was violated IN
letter and spirit in the raid on Sena-
tor Bender's home 1t has been VIC
lated in raids on thousands of other
Ohio homes. Many times such raids
have been conducted on the authority
Of warrants signed i'll blank by JUS
tees of the peace hoping to make
money for themselves out of their
unconstitutional transactions or with
no warrants at all. And the raiding
often has bene done by rough fellows
of no character or possibility, who
like their allies, the commercialized
justices of the peace, hoped to profit
in their pockets from the proceedings.
1t is an outrageous system, repug-
nant to every right-minded man OF
woman who understands what the
rights of American citizenship are or
ought to be, and it has done the cause
Of enforcement incalculable harm for
the reason that it has made the law
and its representatives despised.
Senator Bender is thoroughly
aroused by the injury done him. 'I'll
find out whether it's necessary to
violate the Bill Of Rights" he says,
'in order to enforce prohibition" He
declares his purpose to bring suit for
$4,000 damages against the prohibi-
tion agents who invaded his home. A
similar suit, for $25 900, has just been
filed by another Cleveland man, who
charges that his home, where no
liquor was found, was raided few
hours before his frightened wife gave
birth to a child that soon died. We
trust that these suits will be pushed
and that other persons thus abused
will seek recourse in law.
The Constitution guarantees the cit
izen against unreasonable searches. 1t
guarantees the right Of trial by jury
in the district where the crime is
alleged to have been committed. 1t
guarantees the citizen against ex-
cessiVe fines and cruel and unusual
punishments. 1t guarantees him
against being placed twice in jeopardy
for the same offense. All these guar
antees have been violated many times
IN Ohio in the name Of the law un-
der Legislation enacted in support, as
it has been represented by the pro
fessional reform lobbies, of the 18th
amendment. Such legislation does
not really support the 18th amend
ment but creates needless hostility
against it and thus surely tends to
destroy popular respect for it and to
make it less and less effective. In
the long run wrongs never promote
| right
The Ohio prohibition enforcement
code is in need Of drastic revision by
Legislators who comprehend and re-
we're the historic guarantees of the
Bill of Rights and who have no fear
of the threats Of political reprisals
from professional reformers who
openly profess the false doctrine that
the end justifies the means. And the
| personnel Of the enforcement service
needs to be kept under constant scrut-
my and supervision, to the end that
the methods used may create and fos-
ter respect and honor for the law
among good Americans, not discred-
it and contempt for it. These are
the ways in which the cause of law
enforcement may best be served in
Ohio-Ohio State Journal.
| CnQnA Xnnr Y,,n,1aHy With H.