The New York herald., 1921-12-28
FREQUENT HOLDUPS
LAID TO EASY BONDS
| And JERSEY PISTOLS
Magistrate McAdOO Renews
Fight for State Law to
Regulate Bail.
BANTON DISPUTES HIM
Says City Is Comparatively
Free From Crime Except
for Holidays.
FIGHTS LICENSE SYSTEM
Harry e. Lewis Urges Aboli-
tion of Parole Commissions
in Fixing Sentences.
FIGHTS LICENSE SYSTEM

The recent frequency of bold hold
ups and the fact that many of those
responsible therefor are criminals with
long records out on bail or suspended
sentence, moved Chief Magistrate
William McAdoo yesterday to call at
tention again to the evil effects of the
present bonding system. He also at
tackled the continued sale of revolvers
in New Jersey and the fact that there
are not sufficient probation officers to
look after cases in which sentence has
been suspended.
While the statement of the Chief
Magistrate suggested remedial legisla-
ton such as he favored last winter,
but which failed Of passage, his find
ings were not concurred in fully by
Joab II. Banton. Acting District At
torney, who will become District At
torney of New York county next Sun
day. Mr.. Banton said Magistrate Nc
Adoo's remedial legislation would put
premium on the activities of the
professional bondsman, and pointed
out that the granting of bail at all is
matter much within the discretion
of the individual judges.
illegal Mercies for Banditti."
Last winter there was serious pro-
test against the bonding evil. and Magls-
trate Simpson held a special inquiry re-
garding 1t. The measure which Magis-
tTate McAdoo favored, however, died in
the Legislature and nothing was done to
eliminate the evils which were disclosed
and which have not, according to Magis-
trate McAdoo, been undone.
The statement issued by the Chief
\ Magistrate follows:
! "The renewed activities of the hold
| UP and gun carrying banditti. in the
cases where they were arrested, has
shown that most of them have long rec
ords of bailing and skipping. not to
speak of other legal mercies extended
| to them.
"These fellows when arrested come
into the Magistrates courts escorted by
the agents of bonding companies who
will without hesitation bond them any
where from 81 to 100000 and at once.
"The Magistrate has the right before
! he fixes bail to hear everything that
can be said about the character of the
defendant He is entitled to look at
the police record This rule is laid down
| by the Appellate Division of the Su-
rreme Court. One or two of our Mag
istrates, in felony cases, commit these
fellows without bail and leave that re-
sponsibility to other courts. Personally,
7 think bail ranging from s25,OOO to
10000 is none too high and when the
bond is forfeited it should be prosecuted
vigorously and without delay.
Features of Bonding Bill.
But all this will not remedy the
corporation bonding evil. Last year |
drew UP and had introduced in the
| Legislature a bill the main points OF
which were as follows
81. The Magistrate to have the right
TO examine under oath any proposed
bondsman as TO the indemnity deposited,
fee charged. &c.
"2. Persons engaged in giving bonds
to be licensed.
"3. Employees OF corporations engag-
| ing in such business to be licensed and
| certified. statements OF names OF all such
/ persons authorized to do such business
10 be filed with the District Attorney
of each county. the Chief City Magis-
trate and clerks of the Supreme and
| County courts and Courts of General
! Sessions.
/ 81 No persons TO be licensed to give
bonds until he has satisfied the authori-
! ties as to his good character and so
| forth.
rs. Compensation for giving bonds not
| to be greater than per cent. or the
amount of such bonds.
1.-THE bill was reported once or twice
| favorably by the Senate committee. but
| failed, not on its merits, but because of
| errors of strategy on the part OF It's
/ friends. This year | am encouraged TO
! hope that with its reintroduction the
chances will certainly be better, espe-
cially if II is indorsed by the press.
Propositions were made 20 the COM
panies after failure OF this bill to agree
that in the cases of defendants of a GER
tain type they would not offer bail, and
also that they would allow us personally
to inspect and approve OF the agents be-
/ fore they were commissioned. Some OF
| the public spirited bonding companies a
/ once went out OF the business and de-
nounced 1t, but new companies have
taken their places and the evil Is again
with us and attempts TO beget SUBJ
stantial compromise with the companies
have failed.
Nelson Levy Case cited.
"I have no pride of authorship. II
any one knows of better remedy let
him put It forward The police record
of the dead outlaw, Nelson Levy, shows
other evils that menace the public
safety not only In New York but
throughout the country. as instance the
ease with which revolvers can be OBJ
| tained. This will continue In New York
until New Jersey passes something simi-
lar to the so-called Sullivan law Most
Of these revolvers are bought on the
/ Of he rfVpr Naxt To tina
have long argued for n Federal tax
on the manufacture of pistols and
cartridges which would make their pro-
Continued on Page F0ur.