The New York herald., 1921-01-02


Mr.. LaveIIe's Recollection.
When Mr.. Lavelle was asked concern
ing that statement, he said he recalled
the February conference with the COM
mittee. but that he had no recollection
Of having expressed any preference, one
way or the other. concerning their re-
tiring from the bail bond business. His
recollection of the conference, he said.
was that II had TO do chiefly. II not ex-
clusiyely. with the Objectionable record
and personality of the agent already re-
ferred TO, who had been a convict and
who since last February has come un-
der indictment for a crime of violence
against woman That particular
agent, Mr. Lavellc said. has not now for
more than year executed bail bond
that has gene through his tMr. Lavelle's)
office. In connection with the criminal
courts. though he may still be doing
business In the ma gistrates' courts.
The president of one surety and bond
ing company more recently and within
the last few months was in correspon-
dence with n high official of the Dis
trict Attorneys organizati ton, inviting a
conference looking to the dscontnuance
of his corporations activities in unsav-
ory criminal cases and seeking advice
drawal. without causing confusion and
inconvenience in the courts. Nothing
came Of this, however. and the company
in question afterward went ahead on its
own initiative and withdrew it's former
agents power of attorney. lnstructing
him to take no more bail bonds in un-
savory cases or cases OF second of
fence.
Speaking OF the activities Of these
surety company agents in the magis-
trates courts. as distinguished from the
Special and General Sessions Courts. To-
Gated in the Criminal Courts Building,
Chief Magistrate McAdoo sald
The appearance of the surety compa-
nies In criminal bond business is dis
tinctly a modern development. The
surety company Is represented by an
agent who speclalizes in criminal cases.
1t is fact that in these courts before
the ink is dry on the papers In cases of
pickpockets, burglars. loft robbers, gun
men. gamblers. a surety company agent
or a cash bondsman is at once in court
l have often expressed wonder that they
find so readily In advance the informa-
tion which enables them to be present
so promptly"
Suggested Remedial Measures.
As TtAntQldl measures MI. MCAuOO
suggested that every agent should be
licensed by the Mayor or by the judges
of the higher courts and only after care
full inquiry into his personal character;
that such licenses be revocabe at the
will of the licensing authority, and that
it be made a misdemeanor for any bond
ing or surety company or its agent to
pay any bonuses or commissions to
lawyers or others for bringing bail cases
to them.
Commenting upon Mayor Hylan's let
ter which prompted tho John Doe" In
quiry. high officer Of one OF the larg-
est surety and bonding companies said
that while In the past his corporation
had executed some bail bonds. the busi-
ness always had been repugnant TO the
management of the company. Its man.
agement believed that men charged with
crime, especially in cases alleging
second offence, should be handled in
different manner. since Il Is the consti-
tutional right OF every man to give bail.
For a long time said the official,
this company has looked upon the busi-
ness with grave disfavor and it has In
dicated to the officials that the present
system is wholly inadequate TO meet
prevailing conditions. I have heard the
statement made that several years ago
some accused man was bailed out by
some other company-not this company
and that he gave to the bonding COM
pany as security some OF the property
that had been stolen. l do not know
the name of the company.
81 am informed that the amount OF
premiums involved in this class Of busi-
ness Is really very insignificant. The
surety companies would prefer not to
write it, but frequently lawyers of high
standing who are clients of tho surety
companies make recommendations and
In some cases that are not known as
malodorous cases the bonds are exc
cuted."