South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-01-10

Of untried liquor cases. if the plan
becomes the accepted practice Of the
city court.
Now Matter of Course
The city court" said Judge Du-
to little more than a preliminary
hearing for liquor cases"
The judge does not believe the
plan is the final panacea TO forever
eliminate the liquor traffic, but he
does believe it viii prove a decided
Improvement over the customary
fine and appeal
Liquor cases have remained pend
ing in city court for months. Unwill-
ing to face the presiding judge, Of
tenders have demanded changes and
upon conviction by special judge.
months after arrest and arraign-
ment, have sought appeal.
Judge DuComb is Of the belief the
appeal privilege has been abused.
The worst feature, he says, is that 1t
permits the defendant 10 go forth a
free man and ply his nefarious bust
ness a second time, unafraid except
/ for a second arrest.
Day Of Reckoning.
He is arrested a second time and
again appeals and again goes back to
selling or making liquor" DuComh
said The day of reckoning may
some day be to hand, but that day
has been placed a long way off under
former practices Of court procedure.
Within his first week in office,
Omacht's successor heard trials of a
score Of liquor law violators and in
4 every case has melted out a nominal
fine upon conviction. In addition,
his decisions have carried heavy Jail
sentences, which for the most part,
and in conformity TO the plan have
been suspended. The concensus of
! opinion is that Judge DuComb will
be lenient with liquor law offenders
and changes Of venue have been few
But back OF the practice of sus-
pending sentences has been a motive
/ City court procedure, insofar as II
concerns the handling and the final
disposition of these cases, is due for
a sweeping change. If the plan adj
dUced and put into practice by the
| city judge counts for anything, tae
: community may expect to be rid OF
| the whisky orgy and a less number
of appeals taken to higher courts.
The Simple Program
Pros. Coughlins plan propounds
/ the question whether a man found
guilty OF bootlegging or moonshin-
/ ing liquor viii agree to pay his fine
/ If II be a nominal one and in good
/ faith accept a suspended sentence
/ the jail sentence to actually De i'm
/ posed upon him If brought before
I his court a second time
Such an acceptance forestalls the
/ defendants right Of appeal and dis.
+ poses of the case insofar as it car
7 ever be brought before a higher
/ court. 1t is a simple program the
/ Judge proposes TO adopt, but its sue
I cess depends upon the extent o.
/ criticism that might be levelled IT
1 his direction at what on the face O.
/ II, appears 10 portend too great al
/ extension Of leniency.
The enactment OF prohibition law.
I has crowded the courts 10 such al
/ extent that judicial machinery II
both city and higher courts has be
come clogged. Scores Of such cases
. are pending on the dockets awaiting
I final disposition. Where the prac
/ tice in city court has been 70 fin,
and affix a jail sentence in case Of
/ conviction, an appeal was immed
I lately taken, which took the pro
/ ceedings out OF the jurisdiction o.
I the court Then. in the months u
/ come while the case awaits final dis
position IN the higher court the OF
Z fender has been able 70 go forth and
/ resume business Of making or selIins
/ Illicit liquor. The same procedur,
/ evolves the continued piling up o
! appeals. Finally the cases are de
/ layed 10 such time that evidence Il
destroyed or prosecuting witnesse.
\ are unavailable.
The customary procedure ha.
+ brought about an unweildly conges
I ton o. the dockets and a wanton dis
/ respect for the law by the violator.
/ themselves. The results obtained
show little more than q means o,
revenue for attorneys. Operating
+ against these benefits" Jail senten.
ces have been a costly item for tax.
payers. But two liquor law violator.
have served out Jail sentences dur
ing the past year, and these two, q
/ is said. did not have money with