Evening Republican, Volume 18, Number 239, Rensselaer, Jasper County, 9 October 1914 — POSTAL RAID UNLAWFUL [ARTICLE]

POSTAL RAID UNLAWFUL

Declares Article of Basic Law Violated and Supreme Court Decision is Cited. Topeka, Kas.—“While I neither doubt nor depy the. duty of all, good men and cou: ta as well to uphold the lawful enforcement of the criminal laws of our country, to the end that justice may be done and the guilty not go unpunished, yet it is my belief the constitutional safeguards "deliberately framed for the purpose of protecting the rights of the individual citizen are of equal if not more concern thap the conviction of anyone accused of the commission of a criminal act, no matter how guilty in fact he may be. ‘‘No’one under our*"cdhstitution and laws may be adjudged guilty until the presumption of his innocence is overcome by evidence lawfully offered and lawfully received against him in open trial in a court of justice, provided by and in accordance with the constitution and laws of our country." This is the pith of a decision handed by Judge John C. Pollock, of the Federal Court, District of Kansas. It is important and farreaching, in that it relates to the activities of the army of post-office inspectors who have without warrant of law, invaded the homes and private offices of citizens and seized papers and documents to use against them in trumped up criminal charges. A deputy United States Marshal, armed with proper warrant appeared at the offices of D. A. M,ounday, and L. D. W. Mounday, his wife, on a charge of misuse of the mails. Immediately following Marshal into the Mounday' offices, came Frank -P. Sharon and Rudcflph Brauer, claiming to be Post-Offices inspectors in the service of the United States.

Each of these inspectors stood at the desks of Mr. and Mrs. Mounday as they were preparing to close the kame and accompany the officer ‘and prevented them from pulling down the. roll top. As recited in the petition before Judge Pollock, the inspectors remained and searched the d es ks and premises and seized many ( jof the private papers and documents belonging to the Moundays. One of the inspectors, Sharon, was intercepted by one of the counsel for the petitioners and was compelled to give up the articles he was taking away. The other inspector, Brauer, more 'fleet of foot, safely made the elevator landing in the Topeka Bank building and escaped with his booty, consisting of a card index case, valuable and important records, and a lot of original letters, documents and papers. This, briefly, is the statement ol facts upon which Judge Pollock based a most important decision, that such unlawful search and seizure of a citizen’s private papers and documents cannot be made because it is in violation of the fourth and fifth amendments of the Constitution, which the court recited: "The right of the people to be secure in their persons, houses, papers and ’ effects against unreasonable searchers and seizures sljall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to ba seized.” “No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury except in cases arising irf the land and naval forces, or in the militia, when in actual service in times of war, or public danger; nor shall any person be subject for the same offense to be twica put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken tor; public use without just compensation.”