The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-10-28
"Ho. Hum" Reaping a Harvest


We read in a newspaper that some wretch has
died under the third degree; that neighbours home
has been searched in defiance of the bill of rights
"Ho hun!" we say as we turn to the sports page
to see what the Army or Navy football team is doing
and what Connie Mack has in mind for next season.
Our home was not invaded. Our features were
not battered in the modern nquisition that police
officers sometimes employ to wiring confessions from
suspects. We continue to have life and are more
or less free pursue elusive happiness. So, no. hun!
That's one of the important things that is the
matter with lis. We need to take to heart the in
Engagements of constitutionally guaranteed liberties
Did you ever stop to consider the amazing condi-
tons that called for the formation of institution
such as the Civil Liberties Union?
The aim of that organization is to see to it that
we get-what? Why that we get what already has
been guaranteed to us by the Constitution of the
United States.
: THE price Of liberty is eternal vigilance" That
does not mean vigilance by scattered few. 1t means
vigilance by every American who believes in his
country and It's basic principles.
Defenders of our ancient liberties wont to de-
claim about the defiance of royal arbirariness by
our Revolutionary fathers. The protests Of Lord
Camden, James Otis and others against the writ OF
search and seizure warrants are cited The thing
that occurred hundred years ago engages our
thought But when we hear that some shopping dry
agent without warrant in law, went gum-footng
about our neighbours home only day before yesterday
We say:
"Glad it didn't happen US" and let it go at that.
When we surrender the proud pretention that
"eyery mans house is his CASTLE" are not letting
slip merely an achievement of our generation. We
are letting go a heritage which took centuries OF
strength and rivers of blood to acquire We
are not betraying the traditions of an age; we are
betraying the whole human race.
The Greeks established freedom of individual con-
science, but Rome first recognized the individual
In law Yet through the centuries that separated JUS
tinian and Thomas jefferson, was liable to the
sudden and arbitrary seizure of his person or goods,
to taxation without consent representation to the
bletng of soldiers in his home to unjust trial with
out proper protection of law counsel and the like
The unprecedented guarantees of personal liberty
embodied in the first ten amendments to federal
constitution were brought about by ceaseless effort
vigilance and protest through more than a millen-
MUM of effort.
The petition Of right in the reign OF Charles put
an end to arbitrary Imprisonment and taxation IN
England vet this charter and the more elaborate bill
of rights which grew out of it but the summation
Of fragmentary gains for liberty in the struggle
against the tyranny of the Normans, Plantagenets,
and Tudors who had preceded the Stuarts.
BY the eighteenth century, in Anglo-Saxon lands,
man had gained reasonable assurance of protection
against arbitrary imprisonment. But his house was
not yet his castle. Search and seizure of homes con-
tinued
Then America stepped into the scene American
homes had been searched by customs officials, hunting
for Struggled goods. OTIS Adams, and others elo-
ouent.y protested Revolution followed, and we be-
come masters of our own political and juristc destiny.
Yet men, as they are wont to do, quickly forget
the lessons of the past federal constitution was
framed which contained no provision protecting the
individual nothing assuring to him the permanent re-
alzation of the rights for which he had struggled
through years of blood and privation.
1t was jefferson who insisted upon the inclusion OF
the bill of rights in fundamental document before
ne would promise the support of his party in the
struggle for ratification.
The Hbertarians of that age realized that liberty
was mockery unless a mans house was legally his
castle Hence the fourth amendment which declares:
THE right of the people to be secure in their
persons houses, papers, and effects against unrea-
sonable searches and seizures shall not be violated.
and no warrant shall issue but upon probable cause
supported by oath or affirmation and particularly de-
scrbng the place to be searched ana the persons OF
. things to be seized"
That's clear isn't it? No hum and no about It,
Yet legislature in Iowa essentially has legalized
once more the conditions which Lord Camden, James
Otis and others condemned more than century ago.
Evidence Illegally obtained will be accepted as valid IN
Iowa courts
Our supreme court allows this lapse to stand I'M
challenged on the technical ground of nonjuris-
diction.
One more man may behold his door being bat
tsred down by agents of the law his cellar and his
closets searched his personal effects and household
furnishings thrown about in confusion, his privacy
become less than legal fiction.
self-goyernment is a responsibility not an innate
priyeee II we shrk our responsibility will deserve
70 have to fight bitterly in the future to gain the
birthright which generations Of our forebears pur
chased with their toll and blood.
USI-kLooI D0xvar Coco