Decatur Daily Democrat, Volume 21, Number 303, Decatur, Adams County, 24 December 1923 — Page 10

SEASONS GREETINGS IN ITS SMALL WAY, THIS WILL CONVEY OUR THANKS FOR YOUR ENTHUSIASTIC PATRONAGE DUR- .. ING THIS YULETIDE. MERRY CHRISTMAS ELZEY SHOE STORE

WARMEST WISHES Christmastime, with its hallowed memories and golden hours of other years is here again. May it be for you and those dear to you a day of joy and sweet association. And may each day of the New Year greet you with increasing happiness. P. J. Hyland South Second Street

* Greetings Not because it is an honored custorfi, but because of the sincerity of our appreciation, we take this opportunity to thank you for the part you have played in our business prosperity the past months, and we wish you a good old Merry Christmas and a Happy New Year Everett & Hite Company Wholesale Grocers

DECATUR DAILY DEMOCRAT. MONDAY, DECEMBER 24. 1923.

NEED WRITS IN BOOZE SEARCH Fort Wayne Judge Makes An Important Decision In Case / The following story concerning a decision rendered In Fort Wayne yesterday by Judge William Ballou, is of much interest in Adams county, as there is one case pendint’ here now

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which is said to be closely similar. The decision rules that officers must have search warrants to search a person’s automobile or other property for liquor. The story, taken from the News-Sentinel, is us follows: ‘■Comings within two weeks of a decision of Howard I* Townsend, former supreme court judge, that officers must be armed witli warrants before searching a person’s automobile or other property for liquor, Judge W. N. Ballou, formerly judge of the superior court bench, rendered a decision to the simm effect today, although on a case eniltotiying a different set of circumstances. •'The decisions of the two jurists, probably the first rendered in Indinan on the question established a precedent which will hold hereafter in the country and probably throughout the state. Front now on officers will be required to obtain warrants before they can conduct searches or make arrests for transportation of liquor unless their senses tell them positively that the liqupr laws are being violated. ‘■Judge Ballou decided in favor of Victor Hendry, Angola, on a motion for the. return of suit case and two bottles of whiskey seized by Sheriff Lewis C. Bobely on July 12 at the Lake Shore station as Hendry was about to hoard a tptin. The sheriff liad no search warrant at the time but had received information from the sheriff of Adams county that H< ndry, reported to have been in the bootlegging business for years, would be at the station with whiskey nt th: t particular time. “The sheriff, without stated objection on the part of Hendry, made i a search of the suit case and found the liquor, then arrested him fbr unlawful transportation. Ballou's Ruling “The court is not excusing Hendry,’ said Judge Ballou. ‘lt was an unfortunate circumstance that the sheriff did not have a warrant.’ However. I am required to rule in favor of the return of the property because the search was unlawful. Men have no right under the color of the authority of officers to impose themselves on others to the extent of conducting :i| search of personal effe<ts without a warrant or without consent. It would not have (been lawful unless there was an actual consent to the search. “ ‘An officer cannot depend on hearsay evidence. He must have suffl< lent knowledge from his own | senses before it is lawful to conduct a search without a warrant." “Samuel D. Jackson, attorney for H<ndry. said after the decision that 'the thing I admire about the trial court is that despite his personal in linations against the liquor traffic. he is willing to follow the decisions of the courts of the last resort, which had ruled on the question before it was presented in this court.’ "After the decision Hendry and his attorney went to the sheriff's office to claim the suit case wnlcb held the two bottles of liquor. 'Do you want thlsT’ the sheriff asked, as he handed the suit case to Hendry. •“Not the boox« Hendry said eyeing the sheriff suspiciously, and perhaps fearing re-arrest, just the suit ca«e.‘ The attorney, with Hendry's consent, emptied the whiskey into the sewer. “'lf I catch you agnin it will be a different story,* the sheriff admon iahed him. > "The sheriff said that hereafter arrests will be made more difficult because of the necessity of prosecuting warrants. “Judge Townsend had made a aimiliar ruling in connection with the Winnie Jamison case, holding that the seirure'of home brew from her automobile was unlawful Icecause the officers did not have a warrant. He ordered the beer returned. The state di missed the case against her. The case against Ib-ndry will be dis ni:*aed also »nc- a conviction could not be obtained by reason of the unlawful arre»t. —- Qi ii NOTICE M> office will Im* dosed from Sundry. 23rd to Wednesday. Jfith Am going on Christmas vacation. I Wishing you all a Merry Christmas 1 unci a Happy New Year. CHARLES & CHARLES Chiropractors . — ■ 1 I I- I WANT AIIH KARN -t I—l

WELCOME MOOSE Tuesday Evening Regular Meeting MOOSE HOME Third Street.

APPOINTMENT of BxfcciTOßS N'otlcr in Hereby Given, That the undersigned have been appointed Executors of the estate of William H.t’sdorf, late of Adams county, deceased. The estate is probably sol- ’ h ENKS’ & EDWARD PKESDOHF, Executors. Fruchte & Lltterer, Attys. 10-17-24 o — ELECTION NOTICE Decatur, Ind., Dec. 18, 1923 Notice is hereby given that the annual meeting of the stockholders of the Peoples Loan & Trust. Company of Decatur, Indiana, will be held at the banking house of said Trust Company in this city. Tuesday, January 15, 1924 at 10:30 a. in.. for the election of directors of said Trust Company to serve the ensuing year and until succeeded, and all'other matters that may come before the meeting. W. A. LOWER, Secy. 18-21-25-28-1-4-8 11 14 ■ o Bluffton — The Christian Union church here has voted to change its | name to the First Christian church. I

t Studying hard? Bdys and Girls need , h SCOTTS

Charles W. Yager Representing The Western Reserve Life Insurance Co. DESIRES TO EXPRESS THE WARMEST APPRECIATION OF YOUR FRIENDSHIP AND EXTENDS HEARTIEST GREETINGS AND BEST WISHES FOR A . Merry Christmas

We Wish You All the Happiness That Goes with A Merry Christmas and the Prosperity that ' Will make 1924 a Happy New Year Central Grocery "The Store that Appreciates Your Business"

TMBUED with the spirit of this joyful Christmas Season we are eager to express our very best wishes for your welfare and I A Merry Christmas Northern Indiana Gas & Electric Co. “The Gas Company”