Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-09-11
CHAPTER II.

| powder keg and smoking a cigarette.
| was United States Attorney Emory X.
Buckner's characterization in discuss
| ing the crime situation with the
I writer.
| The United States Attorney for the
J Southern District of New York Is
| considered to be in a pretty good posi-
ton to know what he Is talking about.
Since his appointment to ONCE, less
| than two years ago, Mr.. BuCkner has
| been the outstanding figure among
the country's Federal prosecutors.
| His experiences have warranted sew
| eral definite conclusions.
Mr.. Buckner suggested as the first
! step in clearing up the crime situa-
| ton In New York that Police Commits
sioner Mclaughlin receive anything
he wants in the way Of increased po-
lice and additional funds to run the
department
| "Since the crooks have automobiles
| in which to escape" the United States
| attorney said, I'VE should give the
| commissioner all the automobiles he
wants in which to pursue. Anything
we give Commissioner Mclaughlin is
bound to be a good investment for
this community"
Too Much Court Coddling.
| Mr.. Buckner agrees with other ex-
perts whose opinions have been pre-
scented in this series of articles that
one OF the chief difficulties IN clearing
| up the present criminal situation
comes from the cumbersome and
slow.moving legal machinery, with its
constitutional limitations, which tend
| to give the criminal too much court
| coddling."
After Commissioner Mclaughlin
| catches a crook" he said at Is I'M
| poltant that the crook be tried swiftly
| and End himself in jail at the earliest
possible moment. When Commissioner
Mclaughlin takes his hand off the
collar Of the crook and the court puts
IT'S hand on that collar there should
be no slowing up in the process Of put
ting him in Jail There has been
much recent agitation over the cues
ton of bail for the professional crook.
| Easy bail Is even a better getaway
| than an automobile, because there is
none to pursue. The professional
crook gets out on bail, jumps his bail,
and continues crooked operations until
caught again"
Wants Bench to Judge.
According to Mr.. Buckner, one Of
the most glaring defects of the present
| not permitted to tell juries what they
| think of the case. A proposal amend
| ing this part of the procedural law
! was rejected by the last Legislature.
| In this connection Mr.. Buckner said:
| THE Judge on the bench has more
experience with criminals than any
! one else in the courtroom. District
attorneys come and go, but the judge
stays Jurors are, OF course. ignorant
|
| Worn-out, moth-eaten defenses. ana
vet. under our system, the one man in
| the courtroom who is best able to
| give his views on the case Is padlocked
! by the law. Our State Judges are not
permitted to tell the Jurors what they
think Of the testimony. Society is not
getting it's moneys worth when 1t pad
| locks the mouth Of its most expert
enced and most competent employe-
| the Judge on the bench"
This is not the only legal flaw the
| United States attorney has run up
against in his attempt to put profess
| sional felons where they can no longer
attack society. The constitutional
right Of all accused persons to refuse
| to testify is pointed to by Mr.. Buckner
as another way Of "coddIing the GRIM
| inal in court" III. e..
I :" Should Force Testimony.
The defendant cannot be put upon
the stand by the district attorney or
| by the judge and asked questions. He
can stay off the stand and the Judge
| is compelled to charge the jury not to
consider this against the defendant in
any way. This blocks the effective
prosecution of crime"
Mr.. Buckner discussed the effect of
prohibition on law and order and the
, part played by violators OF the dry
laws in the general crime situation.
He said:
when + took Office the police COM
missioner Of New York was receiving
complaints Of liquor violations in New
Work City to the extent of 100000 a
year. The prohibition department was
receiving thousands Of similar com.
| plants. have not more than one
third Of the time OF one judge for pro.
hibition cases, and every criminal case
under the Federal system requires
jury, no matter how small the case
may be. The man who gets drunk
can be sent to Jail for six months for
drunkenness by a police magistrate.
but the waiter who sells him the liquor
is entitled to a Jury trial
Need United States Police Courts.
I'VE need Federal police courts If
we are to save the administration OF
the criminal law from completely
breaking down. People shrink from
this. Wayne B. Wheeler says that
Senators and Representatives who are
very friendly to strict enforcement
oppose such a plan because inferior
courts will mean inferior judges, be-
cause these judges would be appointed
for life. and because such system
would impair the dignity Of the United
States courts.
I'm my opinion, 1t can never be
unidentified to enforce the law, and no
honest Judge charged with enforce
ment can be an undignified figure.
Nor. Is undignif1ed. The
present muddle is undignified, the
failure to put the job through with
all the power of the Government is
undisnified, but no Federal official or
State official Is undignifled''
Mr.. Buckner expressed the view
that the United States has not suff1-
cient we'll paid enforcement agents.
He believes the problem could be
made easier through cooperation be-
tween Federal and State authorities in
conspiracy, smuggling. interstate ship.
ment and manufacture cases. He also
rave the following advice to the op-
ponents Of Volsteadism:
"If they want the national law mod.
flied or repealed, they should go at 1t
in an orderly. American fashion
through the ballot box. The daily
violation Of the prohibition law has
brought about a shocking condition Of
crime. We hear of bribery, perjury.
CORFU ption, grating and even murder
among the bootlegges.
az do not say and have never said
that prohibition has increased crime.
I do not know the facts. I am talking
about particular types of crimes which
are committed in connection with
violation Of the prohibition law. The