Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-12-11

Before the newly convened Congress
adjourns preliminary moves will be
made, it is said, to bring about the
calling of a constitutional convention
to undertake a general overhauling of
the Nations organic law. The pro-
posal will be supported by arguments
to the effect that some of the more re-
cent amendments to the Constitution,
with the enforcement laws and court
decisions with regard thereto, are in
direct conflict with other provisions of
the Constitution and that the time has
come for q complete revision of the
famous document.
1t is not suggested that radical
changes be made in the Constitution,
or that more than one or two new
provisions be incorporated in it, but it
is contended that conflicts in the doc
ument should be eliminated and that
it's language should be clarified and its
intent made unmistakable.
1t is insisted that experience has
demonstrated this cannot be accom-
plislled by the process Of adopting in
dividual amendments from time to
time and then having them interpreted
by decisions of the Supreme Court.
An example cited of conflicts that
have arisen is the one between the
fourth amendment and the eighteenth
through the court decisions relative to
the law for the enforcement of the lat
ter. The fourth amendment, be it re-
called, is one of the articles of the So
called Bill of Rights and is known as
the one guaranteeing security from
unreasonable searches and seizures"
The eighteenth, as no one needs to be
reminded, is the prohibition amend
ment.
The former provides that "the
right of the people to be secure in
their persons, houses, papers and eff
fects, against unreasonable searches
and seizures, shall not be violated.
and no warrants shall issue, but
upon probable cause, supported by
oath or affirmation, and particu-
larly describing the place to be
searched, and the persons or things
to be seized" The latter does not
I'm itself conflict with this guarantee,
but it is claimed that court decisions
anent actions of prohibition enforce
ment officers have denied the guar
antee established by the fourth
amendment.
What the Courts Have Decided.
In test cases that have been carried
through the courts the decision has
been made that enforcement officers
can, without a duly executed search
warrant, stop an automobile on the
public highway and search 1t for con-
traband liquor, and that the baggage
of a person on a train can De
searched without a search warrant
ntCia
investigating officer that he wants to
make such a search. This is re-
garded by what is described as a
considerable element of the populace
as an invasion of the guarantees es-
tablished by the Bill of Rights.
Again, it is pointed out. the four
teenth amendment says that no state
NAV deny to any person within its
Jurisdiction the equal protection OF
the laws" and there are those VINO
think that what Is forbidden TO a
State must also be understood TO De
forbidden to the Federal Government
However. Congress has passed a law
under which it has thus far been
maintained successfully in the courts
that when a prohibition enforcement
officer kills any one he is not anne
nable to the laws of the state Wlthln
which the killing is done. put must
he tried in the nearest Federal court
where the Federal district attorney
anpears. not as his prosecutor. but
as his defender.
An instance of what may happen
, under this seeming conflict of law with
constitutional guarantee recently
occurred in southern Maryland. A
prohibition enforcement officer. VINO
with others, was making raid on q
| farm in quest of an Illicit still, shot
| and killed an old man who had re
sisted the invasion of his premises by
nersons who appeared under cover OF
night and who he might have had
reason to fear were burglars. lie dlo
not carry his resistance to the POM
| of injuring any of the invaders nc
| still was found on the place, II Is sald
| MARYLAND authorities arrested the
prohibition enforcement officer anC
| charged him with murder, and sought
to have him tried In a State cour'
under the State laws covering the
crime alleged to have been committed
| Federal authorities interviewed, haC
the prisoner removed to the Jurisdlc
ton of a Federal court, and the mex
thing the people OF that section o.
MARYLAND knew the man had been re
leased from custody and was back or
his Job in their midst, presumptlvely
ready to do another killing II M
thought the situation called for 1t.
Debate Said to Be Futile.
Dispassionate observers of cases
such as those cited-and there arr
many others-say that debate as t
what is right or wrong, or what Il
constitutional or unconstitutional, Il
futile until there has been revision
of the Constitution. Nobody can vii
such a debate because nobody can b
sure which side is right. There cal
be, and will be, of course. court deci
T.: sions, but even In the case Of fina
adtudications there may remain doubt