The Detroit times., 1914-12-11
Would Extend Powers of Fed
eral Officers in Search of DOcu-
mentary Evidence Against
Swindlers
|CREDUL0US POOR ARE
VICTIMS OF FRAUDS
''OslerizatiOn" of Federal Judges
More Than 20 Years Old Also
Recommended

WASHINGTON, Dec. 10.-Passage
bf law giving broader search pow
ers TO federal officers engaged in the
pursuit Of advertising swindlers, was
urged by Atty.-Ge Gregory In his
irst annual report, published today
The section OF the report dealing
with this matter, said:
Swindling advertising frauds work
|ng great hardships upon the credu-
lous poor, depend almost entirely on
he use OF the mails Tor their success
lul accomplishment. Documentary
evidence, ouly procurable by search,
is almost indispensable to convict
these sWindlers and protect their VIC
tins.
"A recent decision OF the supreme
court, known as the Fremont Weeks
ease, illustrates the difficulties en-
countered by the government In in
Yestigatng and Furnishing his char
acter OF crime.
This case was an indictment and
conviction for using the mails IN the
promotion OF lottery scheme. AT
the trial the government put in eyl.
dence certain letters and papers Of
the accused which had been taken
From his premises, in mis- absence
without any search warrant. The
court held that this was violative OF
his rights under the fourth amend.
ment 10 the constitution.
The court itself suggested a rem
edy in the following language:
THE United States marshal could
only have invaded the house
when armed with warrant issued
as required by the constitution.
'All existing acts OF congress au-
thoriZing search warrants are specific
and so, limited that no authority ex-
lists for warrants TO recover stolen
government property or property pro
duced by used for, or devoted TO
criminal uses, save on specific condi-
tons under customs, revenue, Indian
liquor, fishery, interstate commerce
transportation, and obscene literature
cases.
The legislative power to authorize
search-warrants in the general class
OF cases first referred 10 is undoubted.
It's need is imminent bill carefully
drawn and adequately meeting the
situation, was introduced in May OF
the current year by the house judi
ciary committee. | urge that il be
Atty-Gen Gregory also recommend
ed in his first annual report, published
today, that federal Judges over 10
years OF age be "oslerized," via the
compulsory retirement route. While
Recognizing the constitutional right OF
Judges TO life tenure during good be-
havior, Gregory held that Ii superan-
nuated justices fail to retire at 40, an
other younger Judge should be APP
pointed to take active charge OF his
court
This will insure at all times the
presence OF Judge sufficiently active
10 discharge promptly and adequately
the duties OF the court" said Gregory.
recommendation, aimed chiefly at
railroads controlling coal companies.
was presented by Gregory for amend
ment of the commodities clause act
He said that even if the government
wins its test suit against the ID. l.. a.
w. railroad and it's subsidiary coal
company, the act Will fall short OF its
purpose. His proposed amendment
would prohibit railroads from trans
porting in interstate commerce artl-
Giles which they manufacture or pro-
duce. or which are manufactured or
produced by any corporation they con-
troll, or having the same directors.
The report pointed out that while
IL is a crime to assault federal officer
engaged in serving process, il Is not
| always a crime 10 kill him. Because
| of~this anomalous situation, Gregory
asked congress To amend the law re-
| garding interference with federal OFF,
GERS.
Hoping that the District of Column
bia juvenile court may have model
laws, Gregory recommended change
OF the local code.
Other recomm endations were: Leg
islation empowering any grand jury
called in a district to investigate any
crimes committed in any division oil
that district: limitation of exorbitant
attorneys fees in bankruptcy cases;
! construction of a new department OF
building.
Concerning pending criminal
charges in the New Haven case, the
Encouragement said: 1T must be
borne In mind that the federal gov
ernment can institute prosecutions in
this case only in respect to transac-
lions involving restraints or trade or
attempted monopoly. IL has nc power
TO institute proceedings for punish
ment OF those responsible for the
financial affairs of railroad company
created by state, were an offense
only against the state and not the fed
eral law"
Commenting on the telephone
trust" dissolution agreement, Gregory
held that local telephone monopoly
NAV be permissible IT, in consoida-
ton cases. all interstate long-distance
concerns are served.
The report noted 435 indictments.
357 convictions. 50 acquittals, and 40
discontInuances under the white
slave law during the last year. Heavy
work in antitrust investigations and
prosecutions was also reported. Greg
ory stated that violations of the bank
ruptcy act have become so numerous
and fragrant that the department has
been forced TO give them special az
tention.