New Britain herald., 1929-08-10
PROHIBITION AND THE BORDER
 TOLL


 Another life has been claimed in the cause ol prohibition enforce ment at the Canadian border this time that of prohibition agent. The crop of killings since the first of the year, providing they were confined 10 rum runners alone must have been particularly gratifying to the labid drys, but now law enforce ment official has lost his life, pre- sumably in the performance of his duty. It remains to be seen whether the government will tackle the prosecution of the man concerned in the death, if it IS found that there is cause for action, with the same gusto that it has exhibited in trying tp convince the public that shooting civilian, presumed to be a rum run Ter, was an accident.
 Richard k. Sandlands, the federal agent, boarded craft on the Detroit river in charge of John M. Heath, an elevator engineer. on Saturday night and attempted to search it for liouor. The government alleges that Heath left Canada without obtaining clearance papers and, of course, that must be a rum smuggler, in the eyes of the border patrol A scuffle en- sued aboard the boat and from there on the stories of the various wit nesses differ materially.
 lThe government charges that Heath threw Sandlands overheard and left him to drown. Now that an autopsy has established that Sand lands died of broken neck, they probably will charge Heath with breaking it. Perhaps he did-a thor ough investigation alone will estab- lish whether he did or not Mrs. Heath, who was aboard the boat when the trouble took place, asserts that Sandlands refused to show any credentials or authority to search their boat, however, and that her husband told the officer he could not proceed In the quarrel which fol- lowed she alleges. both men fell into the water. She says that Sandlands boat was nearby and that her hus- band assumed that he would save himself, so he made no effort to haul him out of the river.
 Unfortunately for the case that the Heaths put up, Mr. Heath is among the missing when this is writ ten. His wife says that he fears vio- fence if he surrenders. That in itself sounds rather thin. It leaves the suspicion that perhaps. for once, the prohibition men are telling an un- colored narrative. If Heath is telling the truth--or rather if his wife is he is beginning very poorly by dis appearing. A courageous man, back ed by the facts his wife has recited. would face the music. He leaves the reader but one conclusion, and that isthat there is something fishy about his version of the trouble.
 In principle the search system of the border patrol is distasteful to the average American. we believe, just as he ordinary automobile operator would object if federal men stopped his car and searched 1t for liquor. Courts have ruled in various ways on this question of the search of mans private conveyance. Ihero seems 10 he very little agree ment on just how far federal agent can 80 in seeking evidence along these lines. The drys insist that it is perfectly proper-otherwise how can the government be expected 10 stem the flow of liquor across the border? The vets talk glowerngly of constitutional righta-but TO one seems to be getting anywhere.
 Trucks and automobiles are stop ped every day-not 10 mention boats on the Great Lakes and the various border rivers-by federal and local authorities for search. And vet at least one court ruling by federal judge has held that mans pockets cannot legally be 'frisked" by fed eral man looking for evidence. Other court rulings haze held that the automobiles Of private individuals cannot be searched without a search warrant IL is difficult 10 understand just what the courts are going to hold legal and what is illegal. under the constitutional guarantee of pro-