Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-08-27
MRS. W|LLEBRANDT
DISCUSSES RAIDS
Denies Ordering Home Pad
locking and Says Citizens
Rights Are Not Violated.

81 the Associated Press
Attention drawn TO the enforcement
OF prohibition by more or less spec
tacular raids in large cities has led
Mrs Mabel Walker willehrandt to de-
clare elnnhatically that the Department
of Justice does not include in Its war
on ncuor unnec asSary harraSSment oil
citizens.
The assistant attorney general in
charge OF prohibition prosecutions wants
il made plain that enforcement OF the
licuor laws is demanded to the letter
but she also said. in discussing the
situation last night, that all regard is
to be given the rights Of the puollc.
She insisted that no new interpreted
ton Of the prohibition laws rs apk.--"7
10 homes is sought, or needed.
She would make no direct comment
on a statement attributed to J. H. s.
Clifford United States District Attorney
IN Minneapolis. that the law MADE no
distinction IN prohibition violations be
tween a mans home and his place OF
business"
Quotes Law on Home Searches.
Instead she referred TO the law gov
ernl;lg The search of homes and de-
clared that this could not be done
legally without the proper warrant and
that q severe penalty was prescribed
for illegal search Of dwellings,.
Commenting on what she termed "a
state Of mind with certain section OF
the public" Mrs Willebrandt said.
There seems to be hysteria among
certain people on the subject of prohi-
bition. They seem to think that we sit
uu nights in an effort to devise means
Of harassing citizens i'll the enforce
nent of prohibition. ! would emphasize
that this is not our attitude. We have
all due regard for the rights OF the pub
lie. There is ample protection Tor these
rights in the law as II now STANDS, ana
We have no intention Of overStepplng
she-iimits laid down.
1t is plain" she continued, discuss
ing search warrants as applied TO homes,
that the law does make a distinction
between a mans home and his place OF
business. No search warrant can be
issued for a private dwelling unless an
AFFIDAVIT has been made that liquor is
being sold there. After this affidavit is
passed upon by judicial officer, and II
a warrant is issued. then, and then only,
can the dwelling be searched.
Fine for Illegal Search.
Nor is that all. Under an act sup
Elemental. the Willis-Campbel act. sec
tion s. a severe penalty is prescribed
for Illegal search of homes by employees
of the United States The penalty for
a first offense on conviction can De
fine of 81 900 and Imprisonment OF one
year. or both You see that the penalty
Is greater than that ordinarily given !
for first offense for liquor law VIOLA
ton. It also is plain that there is Httie
danger of the invasion Of home until
it has virtually been turned INTO
saloon. and, TO my way OF thinking, /
when il is turned into a saloon it Is no
longer home"
In Mrs withdrawals opinion there Is
popular confusion also on the work that
the Department of Justice does IN the
Of the Volstead Act. She
vas asked if any orders had been issued |
by her Office that might have beeen re-
spcnsible for raids on homes IN MIN
neapoIis and st. Paul.
Denies Ordering Raids.
at should be understood" she replied, |
"that the prohibition agents are work
ing under the Treasury Department and
not under the Department OF Justice
and I am in no way responsible for the
orders issued to them. This is not
criticism OF the Bureau OF Prohibition,
but Simply a reiteration of the obvious
fact that / have no control over Its
employees / could not issue orders that
would be directly responsible for raids
any place"
She also declared that no orders is
sued from the Department of Justice
we're responsible for Giffords action in
instigating paddock proceedings against
homes in, St Paul and Minneapolis.
The Assistant Attorney General said
she wished especially to emphasize
that there were no encroachments on
the rights of citizens in their homes
in an effort to make the Volstead act
more effective.
That is an old subject" she said.
eft should be understood that the laws
on the subject are plain. that these
laws have been on the statute books
for some years and that in so far as
this department is concerned We plan
no action that cannot be taken legally
''I am trying 10 enforce the law. 1t
IL my sworn duty. but am proceeding
toward that duty under the Law and the
Interpretation Of the law as rendered
by the courts"