The evening world., 1921-01-08
BAIL BONDS GIVEN
FOR CRIMINALS TO
Be CLOSELY WSED
Necessity for Heavier Sums to
Be Exacted to Be Impressed
on Committing Magistrates.

w N@SAaAAaAANNaaAA 49, y 80
In connection with the investIga-
ton Of the ease With which men ac-
cused Of theft and highway robbery
secure bail bonds from surety COM
panies District Attorney Swami had
a meeting, II was made known to-
day, OF all Assistant District Attor-
Eeys assigned to Magistrates courts
az his ONCE yesterday. The Assis-
iants were addressed by Chief OF
Stan Joab Banton. who instructed
them to make clear TO Magistrates
the necessity for exacting heavy
bonds-greuter in amount when
practicable than the value Of the
property supposedly Stolen--from all
prisoners charged with larceny
As the law now stands, a Magis-
trate may delay any bond from exc.
cutlOn for forty-eight hours by de-
handing that the surety be investi-
gated. This technicality has been
avoided by the surety companies,
which file with every bond a state
ment Of their assets and claim i'm
munity from the necessity OF investi-
cation. Il is yet possible for the
Magistrate TO demand that the In
vestigatlon go behind the resources
Of the bonding corporation and find
out what there Is OF good faith In the
promise OF the company to produce
the accused man for trial: 1t Is point
ed out chat the money consideration
is merely a guarantee OF that good
faith which, under the common law.
is the highest consideration exacted
from the surety; the money provision
is merely a penalty upon the surety
II his good faith is poorly founded.
New legislation has been suggested
by Magistrate simpson. and ASSES
tant District Attorneys Pecora and
McQuaid who have been conducting
the investigation 50 that the surety
company must reveal the source OF
collateral furnished by the prisoner
or his friends for scrutiny by tho
police and the District Attorney and
to provide for assurance that the
bonding company will do all In It's
power to bring back into custody any
person who jumps his bond
1t was pointed out that one bondng
agent was unable to recall any assist .
ance given to the authorities in re-
covering a bail jumper except In a
case where the collateral given to the
company was spurious case and the
company itself suffered actual loss.
lnsidiOus suggestions have been
made to the Investigators that the
q forty eight-hou delay be abolished BY
I law inAHnuch as 1t is made obsolete
by the known enormous assets OF the
| bonding corporations, insuring the
! State against loss.
/ These are answered by The obiec-
ton that such step would give the
corporations an irOn-clad monopoly OF
| the bonding business and force the
payment OF commissions TO them by
| persons having sufficient accepta bic
security to make bonds on their own
account-and would absolutely wipe
/ out the common law theory that the
| bondsman was a person having sur
/ ficient confidence in the accused TO
stand in his place at his trial or pay
| his penalty"
The ease with which bonds may
be secured by men accused OF crime
was dramatically revealed yesterday
at the inquiry being conducted by
Magistrate simpson in the Criminal
Courts Building. Lyman Albert, a
quick witted but unlearned type Of
the east side, was being examined.
II was brought out that he IL the
special police officer at a moving
/ picture show at Grand and Chrystic
Streets at $50 "A week
He has no bank account or no
money saved or real estate. He said
| he had procured bail for lots OF
young people without any trouble
: from bonding companies. lie for
merly acted through the New Amster-
dam Casualty Company, but lately
has operated through the FdeEty and
! Casualty Company.
~ never asked for collateral from
nobody" Albert said. II do IL as a
/ favor. Some Of the boys [ have
known since they were kids"
DO you mean to say you charged
the boys nothing for your services?"
asked Assistant District Attorney Nc
| Quaid.
Just enough for my trouble. / may
| take, IL they have IL, 3 IL or 4 per
cent. or that ! turn over 10 Espresso
! and OIAary, agents for the Fidelity
and Casualty, l-2 per cent, and they
! pay the company per cent. Some
times | get nothing at all, only prom
ises. For all last year ! got not more
tnan &l,00O---less than that"
| Robbery and grand larceny were
/ the charges against most OF the men
! he bonded, he said. lie could not
! recall names. but said most Of them
( hung out in a cafe on the corner. He
oanIp1 helDing pickDOCkptR