The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-12-05
LIQUOR, TAX
CASES BURDEN
ON u s. COURTS
Difficulty in Keeping up With
Growth of Business Cited
by Acknowledgement
CHANGES ARE MADE
StOne Would Have Jail Sen
tence More Used as Real
deterrent TO Crime
CHANGES ARE MADE

Washington. Dec. 5-The Depart-
mcnt of Justice daily is finding its
task more difficult in keeping pace
with the growth of the federal busi-
ness 1T must transact and there is
urgent need for remedial legislation
applicable to various phases of law
enforcement, Attorney General Stone
declared in his annual report sub
united today to Congress.
Federal courts are Staggering UNI
der the load imposed on them by
prohibition legislation,' the report
stated. and added that diverse and
complex tax laws" also have increas-
ed greatly the burden which the
courts must bear. The situation nee
essarily affects the offices of Unit
cd States attorneys and there is
need, the Attorney General said, not
crly for greater personnel in those
offices but in the salaries paid to
them.
While there was a small decrease
as compared with the previous year
in the number of liquor cases taken
into court. the decrease was termed
inconsequcntial and its effect had
not been felt in the work OF those
charged with enforcement. The
court disposed of $4,000 liquor and
tax law cases in the year ending last
June 80, an increase over the previ-
Gus year of nearly 1000. it was stat
ed, and the aggregate amount of
fines and forfeitures resulting from
these cases was $7,4S7 600, almost
So 1000, 900 greater than the previous
year.
For Jail Sentence
The Attorney General advocated
greater use of the Jail sentence as
:: real deterrent" for violators of
the prohibition claws. basing his re-
marks on discussion of enforce
mcnt by Mrs Mabel Walker Willie
brandt, assistant attorney general in
charge of prohibition and taxation,
which was included in the report.
"While the added fines are encour-
aging as indicating "A heavier money
punishment, which helps to make the
Illicit traffic less profitable" Mrs
Ni!lebrandt said, "the real deterrent
to this class of violators is the Jail
sentence. In that respect a great
advance has been made, the average
Jail sentence jumping from 81 to "a
days.
"The penalties for violation of the
prohibition laws at best are not Sc
we're for first offeases, particularly
when compared with the penal fca-
lures Of the old internal revenue
laws which were enacted to compel
observance of the liquor taxing
laws. To meet this situation, the
department has been invoking, in
such eases as the facts warrant,
the use of internal revenue, Gus
toms and tariff laws"
I'm the division handling antitrust
laws, tho department has been en-
gagged in the last year in working
mainly toward the solution of two
ma 0r problems, the report said. One
Of them has to do with selection of
cases for prosecution involving or
ganization Of trade associations. and
in these it has been found that most
Of the trade associations are entire
ly legal and of great value to their
members, although others have been
found to be in the twilight zone,"
while a third group has been found |
to be entirely outside the law. Final |
determination of legal points in
volved in these cases will clarity !
the law for all, the Attorney Gen
rral believed.
Antitrust Laws
The second problem involves APP
plcation of the antitrust laws to |
restraint Of trade and monopolies |
based upon the acquisition and pool /
ing OF patents. The effort in this
phase Of the work also has been to
obtain cases that will clarity the law
and remove doubt.
Mr.. Stone renewed recommends
tions made by previous Attorneys
General for enactment or amend
ment of many laws to simplify en-
forcemcnt. He favored this for the
reason LHal many OF tncm yet are
subject to judicial construction. and
until that is done neither the pub
lie nor the department can know
definitely the meaning.
There should be statutes, the re-
port declared. making it crime for
a single individual to attempt to
commit any crime against the gov
eminent. He asked for explicit legal
for the presence of stenog-
raphers in grand jury rooms and for
to the bankruptcy laws
making it crime to conceal assets
involved in bankruptcy proceedings.
He also said there should be fed
eral statute to deal with the crime
of assaulting or killing federal
officer and another extending pun
for the sending Of letters
bodily harm through tho
United States mails.