Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-08
The Snarl Over Indictments.

mon justice and common sense is in
tolerable. That condition is capable OF
correction. 1t should be corrected i'm
mediately.
Possibility that legal flaws may lie in
these indictments seems generally to be
admitted. The flaws are not admitted,
but the United States attorney, Mr..
Rover, admits the possibility to the ex-
tent of planning to seek reindictment
in three cases, thus acknowledging the
fact that defense counsel had good
ground for filing their pleas in abate-
ment attacking validity Of the indict-
ments in question. But there are left
1913 other indictments hanging by a
single thread.
And why? Because a woman juror,
member of the last grand jury, was
drawing Government pension of forty
dollars a month at the time of her
service. She is the widow of a Naval
off1cer who died twenty-five years ago.
That is how she comes to be receiving
| a pension.
The District code makes no mention
Of widows Of Government officers. The
District code regards as eligible for
Jury service literate citizens who have
not been guilty of past offenses in
volving moral turpitude. 1t specifically
mentions as exempt and debarred from
jury service executive and judicial off,
GERS and salaried officers of the Federal
and District governments, flremen, po-
licemen, lawyers engaged in the prac-
tice of law, ministers Of the gospel Of all
denominations, surgeons and doctors,
keepers of hospitals or asylums and
masters Of vessels sailing in the Po-
tomac.
No mention IS made Of persons hav-
ing contract with the Government or
drawing pay indirectly from the Gov
eminent. Some years ago, however, the
Crawford case was carried to the United
States Supreme Court, which held the
petit jury convicting the defendant
was illegally constituted by reason Of
the service thereon of juror in whose
drug store the Government operated
branch post office. Again, shortly
after the war, former Associate Justice
Hoehling of the District Supreme
Court threw out of court conspiracy
charge against several coal companies.
The indictment In question had been
reported by a grand jury which In
cluded a retired Government employe
drawing compensation from the Cow
eminent for injuries received in service.
This legal inhibition against jury
service on the part of persons con-
nected in some remote manner with
the Federal Government has been car
ried to extremes that appear ridiculous
to the layman who Is more familiar
with common sense than with the
tangles Of legal precedent. In criminal
cases prospective jurors have been
barred because they received bonus
from the Government for their war
service, or because they carry Govern
ment life insurance.
Excessive prohibition thus cut down
hurtfully the material available for
jury service. The Government en-
ploye is barred. The professions
Of the law, ministry and medicine
are barred. Precedent evidently makes
ineligible any one who has contract
with the Government in q city whose
/ chief industry is government. The
findings of the grand jury which sat
previous to the last one have been chal-
| lenged in one instance because the
foreman Of the grand jury was d.
rector in the Potomac Electric & Power
| Co., which has a contract for supplying
light to Government Offices, and in
another instance on the ground that
| an Army Reserve officer was a member
of the same jury.
How far can this absurd list Of re-
strictions be made to stretch? Con-
gress should Immediately amend or
clarity the District code and cast to the
winds the doubts sas to eligibility OF
jurors in the District Of Columbia.
Legal red tape and quibbling now en-
danger 1876 indictments. What have
those indictments cost the District tax
payers? The sum can be estimated on
the basis of pay at the rate Of four dol
lars a day for each of twenty-five
grand jurors who sat for nearly three
months in the last session and by add
ing to this sum witness fees Of two dol
lars a day for each witness who ap-
peared bAfore that grand jury. In the
Mcpherson case alone there were nearly
| 100 witnesses. Does any doubtful and
technical legal flaw justify the waste OF
these public funds? Is there any JUS
tice, either to accused or accusers, when
the course of the law is blocked and
thus derided?
No machine, apparently, is more hope
lessly entangled in the webs of its own
weaving than our legal machinery
whose function it is to keep in perfect
balance the delicate scales of justice
Contemplating the possible fate of 19e
indictments, result of three months OF
hard work by grand jury, and exam
lining the basis for doubt as to thai
, fate, is there any wonder that the lay
men of this country feel bitter and dis
mayed when they are told to respect
I the majestic process of the law?
. -S~NS-
/. Mayor James Walker once made
' successful venture as balladist. Pos