Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-14
Press Finds ''Pussyfooting
With Crime" Is Poor Policy

PuSsyfooting" with crime is moor
policy, in the opinion Of most Ameri.
can editors, hence general satisfaction
has been expressed in discussing the
decision by the New York Supreme
courts Appellate Division upholding
provisions Of the Baumes law making
NE sentence mandatory on a fourth
conviction for felony.
A warning is sounded. however bv
the Hartford Times, which believes
that, barring a certain number of
organized professional thieves, every
criminal presents a different case.
Every criminal who commits four
crimes, continues that paper, sis a
olHerent person. The person who took
four drunken rides in other people q
motors is not the same sort of fourth
onender as the burglar whose career
Is interrupted after his fourth lob.
Yet under the Baumes law both of
them must go to prison for life, and
no judge who sees the essential diff
ference in their cases has any discre-
ton in applying the law" The Times
is convinced that "the result of for
bidding discretion to judges will be an
increase in the use Of discretion bv
prosecutors, with the obvious outcome
that many offenders who ought to re-
ceive some punishment will escape
altogether"
The New York Evening Post holds
that the decision Is sound sense and
sound law. 1t will meet with the ap-
prevail OF all law-abiding citizens" de-
clares the Evening Post. I'm unrnis-
taxable language 1t sets down the con-
stitutional right of the law-making
body to limit the discretionary powers
OF trial judges. And this is as 1t
should be. If the administration Of
the criminal law depended solely upon
the temperaments of hundreds of
judges. 1t could only result in hope
less confusion"
4 **
The existence of crime as a. bust
ness" Is recognized by the New York
Herald Tribune, which argues: 1.-THE
administration of criminal law has
come'near breaking down. The appel
late division justices share the public's
belief that inert enforcement and ex-
cessive indulgence of criminals are
largely responsible for the present
crime wave. Crime has been organ
lied and commercialized to a startling
degree. But justice continued to
function on the old assumption of
casual individual misdoing and the
old oversanguine belief in the posi-
bilitieS of individual reformation. The
Baumes laws have put a new vtgor
into the criminal code and q new fear
into the hearts Of our professional
evildoers." The Nashville Banner, &C.
cepting this view, feels that cit is
worth while to watch carefully such
experiments as are being made, with
the theory that swift and severe pen.
alties will do more than any one thing
else to reduce lawlessness and protect
society,"
This decision seems fully war
ranted by the attitude Of the general
public" in the opinion of the Utica
Observer Dispatch. The Lexington
Daily Leader holds that the most
severe penalties and the swiftest pun
ishment alone can control the modern
criminal fraternity The Asbury
Park Press finds "a manifest indispo-
sition to infiict the death penalty, but
an equally manifest disposition to get
after the criminal quickly. try him
quickly, and keep, him where he can
not do more HARM" The Passa.c