Evening star., 1928-06-14

The "five-to-four" ratio which re-
fiected the difference of opinion among
Supreme Court judges on the legality
OF wire tapping" TO secure evidence
against rum smugglers is not reflected In
the attitude of the American press
which almost universally condemns the
''tappers."
The ruling Of five judges against four
which made the evidence thus secured
by prohibition officers legal In court
meets this comment from the Roanoke
World-News: "Only the extreme dry
advocates who would enforce prohibi-
ton at the sacrifice of every right for
which the race has struggled will ap-
prove the five-to-four decision of the
United States Suprem. Court as to the
use OF evidence gained by wire-tapping
No intimacies of the home are TO be
safe when Federal agents can listen in
on conversation--no warrant Is
necessary for snoopers to learn every
detail OF ones private bl. ,iness. To the
lay mind it is Sc ewhat difficult to un-
derstand a reasoning which makes q
letter sent through the mails sacred,
and yet throws private telephone con-
versation open TO all the world"
This In essence Is the verdict Of the
New York Herald Tribune. which. quot
ing the fourth amendment to the Con-
stitution, guaranteeing "the right Of
the people to be secure In their persons,
houses, papers anu effects against un-
reasonable searches and seizures" says.
"A letter obviously is a paper in the
meaning of the law. q telephone mes
sage, on the other hand, Is an electrical
vibration" and In rendering the ma
1ority opinion the court took refuge In
the language of the fourth amendment" ="
This was simply pitting OF "the letter
OF the amendment : inst its plain in
tent. which was to defend the indi-
yiduals privacy against all invasion not
based on warrants properly drawn and
Issued. II Is to resort TO q verbal
bubble" contends this paper.
This Is an astonishingly long stride
away from the guarantees of personal
liberties and freedom which the Con-
stitution gives all citizens and toward
the establishment of an all-powerful
police system that can do no wrong
IN It's hunt for crime" warns the Boston
Globe, while the Omaha World-Herald
remarks that 'the telephone Is now q
feature In millions OF homes, and the
tapping of telephone wire destroys the
privacy and secrecy which the sub
scriber Is supposed to contract for and
receive from the company"
The Indianapolis News sees In the
authority coni ned" "a dangerous
weapon against legitimate privacy If ex-
erciSed by unscrupulous officials" and
the 81. Paul Pioneer Press, stating that
the conviction has been made popular
that those who lsten 10 the private
conversation Of others are low and un-
couth, deserving OF nothing but con-
tempt" declares that this lis a healthy
attitude, and one which should not be
Court decision. which holds that wire
Government evidence" The Columbia
Record thinks Il. "evii incident to the
invasion of the privacy of the telephone"
tampering with the mail" and the
because five Judges of the highest
munisies OF the whole American people
are somewhat abridged. though four
Judges G. the same court disagree en-
phatieally."
These four judges~-Brandeis Holmes.
Butler and 6tone~-receiye much praise
for their minority report Although rec
egnizing that "the Affirmative side IA
elilded the Chief Ju'tiee. William Ii.
Taft" the Syracuse Herald says. "Yet,
with all tue resoe 4 To his judicial emf
nenee, We believe that the weight Of
judicial learning and prestige Is with
the minority so also the Baltimore
sun. which believes this to be case