The New York herald., 1922-10-15

and criminal business of the Federal
courts due to growth In population and
business in large cities and the leading
industrial centers. The first we believe to
be temporary; the second Wa are sure
is permanent" Eighteen additional
judges were recommended.
Later. testifying before the Senate Ju-
dietary Committee. these distinguished
Investigators were freer and more elab-
orate in their views. Some of the indi-
viduals did not agree with the report
that the congestion caused by prohibi-
ton enforcement was temporary"
Chief Justice Taft. who was asked to
give the Senate committee the benefit of
his experience and opinion. questioned by
Senator Reed said: 'I have not any
hesitation in saying that It (the viola
tion of the prohibition laws) p1ll prob
ably 0roto . 0reGr deal more before 1t
groUs less"
Judge Grubb. a Democrat, was very
outspoken before the Senate committee.
IF you would take away the white
slave law and the narcotics law and the
prohibition law there would be no con-
gestion except in the big cities and re-
Gently developed districts" he said.
Judge Grubb declared that. with the
exception of New York. there would be
no necessity for more judges ''if the
United States would allow the States to
exercise their police powers"
Asked how many districts in the ma
ton he found congested. Judge Grubb
responded: IT can give the cities.
There are Boston, New York. Phihdel-
phia, Pittsburgh. Chicago. St. Louis. At
lanta--the Atlanta district-California-
the San Francisco district, and Detroit.
Those are the principal points or con-
gestion, but there are some Others"
Senator Shields asked Judge Grubb II
he maintained that the congestion In
Atlanta grows to any extent out OF the
liquor cases."
BIames Prohibition.
ENTIRELY out of prohibition" said he.
II have been there three or four times
year to assist them, and l asked the
Attorney General whether I had been of
any benefit to them, and he said he was
sorry. but that had not relieved the
condition at all: that moro prohibition
cases had come in while l was sitting
there than had disposed of think
between 5000 and 1000"
"And that was a bone dry State be-
fore the Constitutional amendment was
passed." asserted Senator Brandegee of
Connecticut.
Judge Grubb made no answer but con-
tinued 1.-THE gist Of the matter Is that
there are $4,000 pending cases of all
kinds and only 102 district judges to
try them. which would make over 1.400
cases per judge"
Judge Safer testified that "the farm
ing communities furnish practically no
business to the district judge"
District Attorney Hayward told the
Senate committee that when he went In
office in June, 1921, he found "eight
hundred cases waiting, some of which
had been waiting more than year"
Interrogated by Senator Shields of
Tennessee, he explained that they were
cases of violations of the liquor prohi-
bition act. I disposed of GOT cases be-
fore the Federal judge in two months y
Incidentally Mr.. Hayward drew pic
ture of the real situation as he found
it.
I'm those two months" he said. I'VE
had twenty-nlne jury trials in which we
got thirteen convictions. fifteen acquit-
tails and one disagreement. In the mean
time / found seventy-two cases where
the prohibition agent who had made the
raid or had made tho evidence had been
convicted OF accepting a bribe, or some
thing of that sort. and had been dis
missed from the service, and therefore
his testimony was no good
Cases Pending.
At the end of the fiscal year 1920
there were pending in the Federal courts
criminal prosecutions to which the
United States was party these cases !:
Customs. 374; internal revenue. 1906 ;
post office, 2.045; banking acts, 1913; +;
land laws and timber trespase, IS T;
white slave. 347; food and drugs act,
439; Sherman antitrust law, 19; inter-
state commerce laws. SIS; counterfeit
ing laws. 215: selective draft. 2S.0S7:
espionage act, 1870, and prohibition.
2,54S, with 1918 uncassifed. making a
total of 1924.
The record a year later ran: Customs,
437; internal revenue. 6,55S; post office.
2,176; banking acts, 1870; land laws and
timber trespass Ga; white slave. 445 ;
food and drugs act, 4S9; Sherman anti
trust act. 25: interstate commerce
laws, 932; counterfeiting laws. 297; Sc
lective draft. g,6l5; espionage act, 90.
and prohibition, 1896, and 7,434 un-
classified; total, 57,112.
The number Of prohibition cases was
multiplied by four.
Mr.. Haynes contends that the increase
in arrests and indictments and cases
pending in courts come from better en-
forcement rather than greater activity
on the part of the law violations.
"The claim that national prohibition is
the chief cause of crowded Federal court
doclSets was refuted before the Senate
committee when the judiciary bill was
up for consideration" said Wayne B.
Wheeler. counsel for the Anti-Saloon
League, who always speaks for the drys.
Chief Justice Taft called attention to
the fact that the liquor law prosecu-
tions were only per cent of the cases.
Judge Safer stated that 1T Is the civil
cases that constitute the heavy burden
of the courts work. and the criminal side
is comparatively easy
IF the Federal judges would try these
prohibition cases on information instead
of by indictment II would greatly re-
lieve the ccnrt docket In some cases
the crowded condition Is due to the neg
lect of some district attorneys to avail
themselves of existing provisions of the
law. The abatement sections may be
enforced by direct action before the
court without delay. The frequent con-
tlnuances of these liquor cases until the
witnesses are tired causes unnecessary
congestion OF tho court dockets.
Practically all OF the States now have
state enforcement codes, and this will
relieve the condition greatly. II the
courts and the district attorneys will
use the means provided in the law, the
court dockets, so far as the liquor cases
are concerned, can be cleared UP. The
Eighteenth Amendment was not intend
ed to relieve State officers of RESPONSE
bilities."
The List of Causes.
Tho Southern District OF New York