The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United StatesTowne, Charles Hanson
History
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States
Towne, Charles Hanson
Prohibition -- United States; United States. Constitution. 18th Amendment
It was shown that this section had been taken, word for word, from the
Amendment, forced upon the United States Senate by the House in the
Willis-Campbell Bill and passed by the Senate on November 18, 1921.
The Stanley Amendment originally offered in the Senate for the purpose
of serving as an enforcement act to the Fourth and Fifth Amendments to
the Constitution was passed unanimously by the Senate after a thorough
investigation and after having been accepted by Senator Sterling who
had charge of the Bill. The House refused to accept the Amendment and
put into the Bill the following section:
“That any officer, agent, or employee of the United States engaged
in the enforcement of this act, of the national prohibition act, or
any other law of the United States, who shall search any private
dwelling as defined in the national prohibition act and occupied
as such dwelling, without a warrant directing such a search, or
who while so engaged shall without a search warrant maliciously
and without reasonable cause search any other building or property
shall be guilty of a misdemeanor,” etc., etc.
Senator Ashurst, of Arizona, a dry Senator, and one who said he had
never cast a wet vote in his life, refused to sign the conference
report on the ground that the language of this section did not protect
the people in their rights. He was joined by other dry Senators for the
same reason. Senator Reed, of Missouri, than whom there is no greater
Constitutional lawyer in the United States, in calling attention to
the words, “shall without a search warrant maliciously and without
reasonable cause,” had this to say:
“What is the plain inference to be drawn from that language? First,
you must have a warrant to search the house. Second, if while you
are searching the house you proceed without a warrant to search the
other building or property you are not guilty of offense unless two
things concur: First, you must have been without any reasonable
cause to search the other buildings or property, and, second, you
must have acted maliciously. Notice the language. It is worth
your while. You are legislating for 110,000,000 people and you
are putting this authority into the hands of irresponsible men,
proceeding without bond, armed with big guns, and sent out among
the people.”
The Hobert Bill invites Prohibition agents and officers to go anywhere
they desire _without_ a search warrant, with the absolute assurance
that in their unlawful occupation they are immune under the law.
“Malice” is the most difficult thing in the world to prove--with the
possible exception of “without reasonable cause.”
As a friend of mine, William L. Fish, says, “The Van Ness Act was the
_Bill Sykes_ of legislation, while the Hobert Act is the _Iago_.”
Between two such arch villains there is little choice. We are not
reforming the country, but deforming it.
Public-domain text, read in full here on John Shaqi.
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