Arizona republican., 1912-12-01
Why Murder Gangs Flourish

 (Judge Joseph F. Corrigan in McClure's Magazine)
 1t is unnecessary to rehearse the familiar story of the murder gang, the confessions duplicating Becker and the discovery his stores quick gotten money. It all seemed the public a astonlshlns ana groesque affair-these soft-handed murderers, strong with lavender water and splendent with silk socks and faultless tailoring; their striking women in picture hats, Ornamenting the first of the newspapers like professional beauty display. But. after all, merely an established institution of the city coming to public notice
 The organization of the murder potters as con- fessed, cOincides with the essential organization of a gambling group. The older men, in their thirties, the more advanced members the business, did the planning and consptrng; the apprentices, the men still in their twentieS who the strong arm gangs of the city. did the actual murdering. And, after the arrest the leaders the crowd turned the best talent in the criminal law in New Yorkone mans wife. it reported, counting out in the most spectacular manner big roll of yellow bills as retainer for the well known petitioner who already engaged to defend eX-City Chamberlain Hyde.
 All this makes an appalling situation. It is not the murder itself that is threatening the under lying conditions which this crime has brought to light. And the question which every reasonable ask himself What be done about it? l believe there are number of steps that can be taken.
 The first thing to be understood is the main factor great class profession al and commercial criminals which is responsible for the crime and vice of great cities. This must be the basis of any called criminal system il is which of breaking thelaw. If this is understood, il will be that the staring danger of the present day administration of cities is that individual liberty will be nterfered with but society will be able protect itself against the abuse of these berties. That 1t has not been able to do is shown by the development of great class Of men who live by the conscious manipulation of the weak nesses of our laws and their administration.
 That the police force should be equipped with the modern methods for carrying out their principal work-their duel with this class-seems almost an well with information such is obtained by the photo graphs and measurements and "Ine-ups" of these men
 But the police force must not only be properly equipped and instructed: it is still essential that be properly organized At present the organi- ZatOn of the New York force is. generally speaking bad. A responsible head exists single police commissioner. He has now. legs- lation-the to reduce promote his inspectors the chief officers him. and has the ability to carry out his policies
 But there is criticism still to be made-n my opinion. The police commissioner is appoint ed and can be removed by the mayor. Consequently the mayor in the last analysis is the head of the police administration of the city l do not believe this to be the best practice All the political influ- ences of the city center on the mayor: and sucf influence is the worst enemy of properly admins tered police force.
 A single commissioner of police holding office for long term of years. and removable on charges after public hearing, to be independent o any city administration would it seems to me. b' an improvement over the present arrangement. Ii would give the opportunity for independent ad ministration of the police department. And ar honest intelligent and independent police commis sioner make d great city cean-eVen under ou present legal practice
 But after this there is still something to b done. The commercial criminal of the cities escape very often through the practical npossibility O proving by legal evidence matters of common knowl edge. To this difficulty it is obvious that ou court practice should cannot be sue cessfuly denied that the delays and evasons in ou procedure used to the utmost by tn criminal class.
 Beyond this is the radical question. bein discussed throughout the United States. cOncernin two great principles governing court procedure in tl country.
 The first of these principles is the English lav which provides that every defendant must be pre- stunned innocent until he is proved guilty This ha no basis in Why should there be any pre- sumption. way the otther in the mind of court? If the object of legal inquiry is to find tn truththere is reason for presumption of an kind The affirmative of any argument must b expected bring forth positive proof of its state nlents But beyond this there should be no pre- sumption either of guilt of innocence.
 The second principle fOrbds calling the defend ant to the witness stand. Why is anything to b feared by honest man telling his story? Shou' not the district attorney be allowed to call the on witness qualified know the facts in the issue It is this defect in system which has create the nefarious third degree
 The famous characterization by Jeremy Benthan of criminal procedure as a fox hunt. in which tn defendant is given certain start with the benefi of a number of rules prevent his conviction hold 4true far greater extent in this day than in his Criminal trials should be attempts to establish truths legal dues, And sooner or later we must revis procedure to recognize the fact
 The O the country-headed by the preSiden of the United States-s awake to the importance O this matter. Already resolutions urging radical re forms in our procedure are being uged by the bes legal sentmen this country. But, until the change have suggested are made We must expect fror the criminal class such sinister demonstrations a that which has just been given in the murder the gambler, ROsenthal