The Washington times., 1921-09-21

70 h.
When I wrote. the study was goins
The study happens to refer TO
Cleveland, Ohio. Most Of It. how
ever, is applicable to any OF our
cities. ~. H. |
Criminal justice in our cities is Q
failure, that approaches one hundred
per cent. In some cities 1t has been |
getting a little better. In Cleveland
1t has been getting worse. A group |
Of citizens. called the CLEVELAND
Foundation, decided that they would
take citizenship seriously. .
Went To Bottom. |
They decided that they would see
II anything could be done. So they |
started to study 1t from the bottom.
They thought it wise to go outside
Of the State, and put the investiga. |
ton under the supervision Of men
who had a deep hold on the foun-
dations Of the law and who were not
subject to any local influences. r.
So they selected as directors Dean |
Pound. of the Harvard Law School.
and Professor Frankfurter. Of the |
same law school. Reginald Heber |
Smith. of the Boston bar. author Of
Justice and the Poor" Ia the author |
OF part 1 of the report, now published.
assisted by Herbert B. Ehrnann. Of the |
Boston bar also. -. ~,
This first part Is called The Crimi-
nal Courts" There viii follow "Po-
papers and Criminal Justice" by
M K. Wisehart, and VARIOUS other
topics. co.. .',. II
Then Dean Pound win sum UP. The
whole book will be published about
November /, after the parts have been
separately printed. II
80. Law Out Of Date.
II 1t is all as good as the first part,
no lawyer. no educated business man,
no responsible editor should fail to
read 1t. Not II he believes any Of the
.tories about democracy being sys.
tenn In which II IL up to the citizen
to see that he has excellent instttu.
lions and that they are we'll worked.
The gist Of 1t Is that our criminal
law Is out of date. That Its foolish
complications, which at one time had
their reason, now merely encourages
the business of being a professional
criminal. That the smoothness with
which the professional criminal, the
low politician, the political lawyer,
and the vote-seeking judges work to-
gether passes belief.
Bad machinery Is part of the ex-
PLANTATION. Sleepy citizenship IL more.
In Vermont there are good judges,
though they are elected by the legis.
lature for two years. In New York,
Wisconsin and Connecticut the judges
also are on the average superior, be-
cause of better traditions than exist
in some other States.
Needed Reforms.
The legislature of California, at its
Ia nj session. introduced one Of the
necessary changes, the public de.
fender" system. The abolition of grand
juries, of overlapping courts, of pro.
fessional bondsmen, Of excuses for
needless new trials. Of widespread
and unpublished perjury. are among
the nesied steps. .a-s.,. r ~
when u Judge runs for re-eIeo- .
~ we are to stick to the method
election, 1t should be against his
3v-p racord, not against somebody else.
The question should be merely, 10 this
man to remain on the bench or 10 he
not?
II we made all the changes in this
antique system that are called for now,
Il would be out OF date in twenty
years. Every State and every big city D.
needs a judicial council to keep 1t up
with the times.
lf-government does not mean wax.
Ing up suddenly, like Rip Van Wrinkle,
after q good nap. II our criminal law
Ia to exist for the welfare of the com.
n,unity 1t will only be because the
Is willing to keep awake.
As long as the community Is asleep
the criminal law will be conducted for
the benefit of the professional crimi.
nails. the criminal lawyers and the
criminal politicians.
And nobody has q right to object
who is more interested in magazine
fiction and fashionable scandals than
ne Is in the work that belongs to a
,itizen In free country.