The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-08-23
By CARL d. GROAT

United Press staff CORRESPONDENT
copyrighted 1926, by the United
Press; Copyright in Canada)
Unauthorized reproduction in full
or in part prohibited.
POINTE AU PIC, Murray Bay
Quebec, Aug. 23.-Defects in admin
istration of American criminal Law
were explained in an exclusive inter
view with the United Press, by VIII
liam Howard Taft. chief >justice OF
the United States Supreme Court as
due briefly to-
weakening of judges powers by
restrictive State statutes.
Lack of sufficient expenditures
properly to detect and prosecute
criminals.
Lack of organization Of the judi
cial force so as to mass an adequate
number of judges where business OF
prosecution is congested.
Optimistic View
But the defects, he held, are not
beyond remedy, and he took an OPP
tinistic view as to the future OF
American disposition of crime cases.
He expressed delight at America s
awakening to the situation involved
in lax administration of crime laws.
He predicted that the American peo-
ule. when they realize the grand
total of destruction of life and prop
erty. due to the failure on the part
of legislatures to make provision,
financial and otherwise, for adequate
police. for adequate detection OF
crime and adequate machinery for
prosecuting, will make the legisla'
tors responsible and will insist on
the organization of protection from
criminals"
He expressed himself further as
not greatly alarmed at the element
of 'naudlin sentimentality" that
that caused crowds to cheer Grim
inals and send them roses. Such per-
sons, he said, belong ito the lunauc
fringe of society"
The interview took place on the
porch of the chief Justices charm
ing cottage looking out over the ST.
Lawrence to the gray-blue hills be-
You'd.
Seated on the porch the chief JUS
tice spoke of his health, his pleasant
associations In this region, and then
the talk veered to questions close TO
his present sphere of activity, chief
justice Of the Nations highest court.
He's Delighted
ct am delighted he said, ITO note
that the attention of the public Is
directed to the defects in the admin
istration of our criminal Jaws.
1.-THE prosecution of persons ac'
cused of crime is properly sur
rounded by what is called in the
State constitutions and in the Fed
eral constitution bill of rights, and
those guarantees are nothing but
what came from the bill Of rights
and the other great liberty-protect-
ing statutes of England, and which
are still in force in England quite
as fully as they are here.
In England
"And vet no one complains that
the criminal laws Of England are
not most satisfactorily enforced; that
crime is not detected; or that Grim
inals are not punished. and that the
innocent are not protected.
NOW why is that so there and not
here?
"Well, of course, there should be
a premise that we have a very diff
ferent set of criminals to deal with
and we have problems growing out
of our melting pot that a popula-
ton like that Of England-Homo-
geneous-doesn't present.
Strike Cited
'"The law abiding impulse Of the
English people is most remarkable
and it was manifested in the late
strike to a degree that is noteworthy
in the history of peoples for 1t con-
trolled not only the public at large,
but also the strikers themselves so
that in that tense situation, there
wasn't, as 1 recollect it, any dis
order resulting in death.
"That couldn't have happened in
our congested population, so many
of non-native races that are not
imbued with that respect for law
that is possible among a homogen-
eous people.
80 1t is that the machinery for
the arrest and prosecution of
criminals tin confronted with OBJ
stables in the character of the
peoples themselves that no other
country has. But Notwithstanding
those diffiulties, the administration of
the criminal law might be greatly
improved.
Judges Weakened
"In the first place, in many
jurisdictions-I mean among the
States-the judges of tho courts in
the trial Of criminal cases have had
their powers weakened by restrictive
statutes. In the matter of charging
the jury and helping the jury to
understand what the issue is before
them; in the conduct Of the trial
generally; and in winnowing out
from the evidence the irrelevant and
unsubstantial so that the jury may
gain a sense of proportion as to the
value and weight of evidence, many
of the courts are so restricted that
a Judge at a trial doesn't amount
to more than a moderator at a
religious conference.
"These restrictions are imposed
by statute and they indicate a com.
mendable fear Of abuse of power,
. but lamentable failure to APP
preciate what is necessary to give to
judges the function that they may
exercise reasonable assistance to the
jury in reaching a sound conclusion
without in any way taking away
from the jury the. right to be the