The New York herald., 1922-01-13

tivity by local and State officials. On
this point John F. Kramer. first Fed
eral prohibition director. In recent
interview with a correspondent for
The NEW York HERALD said:
",rhe determination of the bootleg
business is a job that must and can
be done only by the States and by
local authorities. Tie only real func-
ton of the Federal Government is the
protection of stocks of liquor in bonded
warehouses and TIE issuance OF per-
mits for the withdrawal of this liquor
under circumstances prescribed by
law. and the prevention OF smuggling
of liquor into the United States from
foreign countries.
"In organizing the Federal prohibi-
ton unit and beginning the enforce
ment of the Volstead act We made the
mistake OF thinking that the achieve
ment of national prohibition was a
function of the Federal Government
more than of local authorities. This
has now been disclosed as wrong. Tie
stopping of the illegal manufacture
and sale OF liquor is responsibility
than with the Federal Government.
1t is like any other police job: like
stopping or preventing murder and
riot"
Needless TO say the activities of both
Federal and State agencies have had
tremendous effect on the courts OF
the country. and the reports received
from correspondents nearly all make
note of the fact, wEere enforcement
has been at all noteworthy, that the
courts are overcrowded.
Justice Slow Everywhere.
Figures on the clogging of State
and local courts are not available for
the whole country, but the effect on
the Federal courts is seen in the
official reports of the Department OF
Justice in Washington. These show
that court action and the dispensation
OF justice are being materially delayed
in practically every section Of the
country as a result of the number Of
prosecutions under the prohibition
law after two years Of prohibition.
According to Attorney-General
Daugherty, this serious delay in the
handling Of the court dockets results
"in loss OF evidence, death Of wit
nesses, defeat of justice and expense
to the taxpayers. Many criminal cases
can never be tried. Large business in
terests lose heavily through delay"
It is pointed out that the volume Of
prohibition cases is hampering the en-
forcing Of justice in prohibition cases
as well as in others that find their
way into the Federal courts.
The Federal courts alone commenced
the present fiscal year with 10,365
criminal prohibition causes pending.
These represented about 20 per cent.
of all criminal cases and followed the
hearing and settlement of 21,297 pro-
hibition cases in the preceding year.
The 21,299 cases referred to repre-
sented nearly SO per cent. of all the
criminal cases heard and settled in
the year.
Few Are Acquitted.
There were in these courts 1882
convictions of bootleggers and other
prohibition violators. Acquittals
totaled only 765, which seems to an
swer an argument sometimes advanced
that the courts have been lenient with
violators of the law. More than 1s.-
600 persons pleaded guilty and fines
and forfeitures gave more than $780,
900 to the Government.
A table prepared by the Depart
ment Of Justice shows clearly the
enormous added burden that has been
put on the courts and how that burden
Is growing. Following are some of the
figures on criminal prosecutions under
the prohibition law to which the
United States was n party.
Pending June 30. 1920. ........ 2.64s
Commenced during year follow
ing .............. 29,114I
Terminated during year follow
ing ........... 21.ss7
Convictions 1882
Acquittals ................... 765
Discontinued or mol pros. ....... 2.179
Quashed or dismissed. ......... 391
Pleas of guilty. y................. 1850
Trials by jury. ................. 2,0T5
Pending June so. 1891. ........ 1886
For the sake of comparison II may
be stated that the total OF criminal
cases pending June 80, 1920, was
"a