Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-28
MITCHELL ORDERS
NOLLE PROSE- 0. K.
HERE IN DRY CASES
u. S. Attorneys Reminded of
Requirement to Apply
for Permission.
ACTION TAKEN TO AID
ENFORCEMENT OF LAW
Interpreted as Practically Placing
Authority in Hands of Prohi-
bition Unit.

The Government moved drastically
today to tighten up law enforcement in
general and prohibition in particular
when the Department of Justice re-
minded all United States district at
torneys that they would be expected to
comply with a forgotten order of 1922
to ask the department for permission
before the issuance of any nOlle PROSE-.
The reminder, sent out in the form Of
a circular letter, furthermore pointed
out that all applications for permission
to nolle PROSE- prohibition cases must
be accompanied with the views OF the
representative of the prohibition de-
partment attached to the office of the
district attorney who makes the appi-
cation.
The document had originated in the
prohibition enforcement section OF the
department, it was said at the depart
ment.
G. A. Youngquist. Assistant Attorney
General in charge of prohibition en-
forcement, was said to have asked the
Attorney General to take action on the
subject after looking over the records
of recent and pending prosecutions.
The order was interpreted as prac-
tically taking authority for the handing
of liquor cases from the hands of the
district attorneys and placing it in the
Prohibition Department. AS 1t is known
to be the aim of the administration event.
ually to place prohibition enforcement
under the Department of Justice, the
special representative then would be
Department of Justice attorney.
Whether the drastic order was the
result of alarm over reports on prohlbl-
ton cases dropped by the prosecutors
could not be learned.
It was said at the White House that
President Hoover had no part in the
new order and that it emanated en-
tirely from the Department of Justice.
Rover Gives His Views.
District Attorney Leo A. Rover point
ed out that compliance with the order
must necessarily involve a great deal
of additional clerical work and result
in further congestion of an already
clogged court docket.
1T has been the practice OF most
district attorneys to exercise their own
Judgment and discretion in nolle pross-
ing liquor cases. he said. "and to make
a monthly report of such dismissals IL
connection with the usual monthly re-
port showing disposition in detail Of ali
liquor cases for the previous month.
Under the new order, only in emer-
R6nCleS may PIOSCCulOA 0AOP a
liquor case without first obtaining the
consent of the Department of Justice"
The order, which has received Scant
attention since its issuance in 1922,
reads as follows:
mo dismissal of any case shall be
made by you until after you transmit
application for authority to this de-
partment and have received from this
department such authority. In cases
- L. - anr C
sary to dismiss Immediately prosecu-
tion or any count of an indictment ana
there is not opportunity to obtain au-
thority from the department, a proper
report should be made promptly to this
department of the action taken and the
reasons therefor"
Aides Use Own Judgment.
The assistants in the district attor-
news Office here who handle prohloitlon
cases have always used their own ludg-
ment in the matter Of nolle presses,
and. so far as is known, there has never
been any complaint that they have been
too liberal in this respect.
There are always certain num-
her of LIQUOR cases brought 70 this
ONCE which do not merit prosecution.
gr Rover said. Sometimes there Is
30 little evidence that it is obviously
impossible to secure convlctlon. Az
other times the evidence has been IL.
legally obtained and the case would
be thrown out if taken to court. 1t
seems to me that when the prosecuting
attorney is confronted with a case OF
this kind. it is his duty to nolle PROSE-
rather than consume the time OF the
court in a hopeless prosecution.
sIf this Office, is to be required 10
submit each prospective nolle PROSE- to
the Department of Justice the assist
ant district attorney in charge will be
deprived Of all discretionary power and
his functions relegated to little more
than a rubber stamping process"
Rover COnfers With Assistants.
Mr.. Rover called into conference to-
day Assistant United States Attorney
Harold w. Orcutt and David A. Hart.
assistant District Attorney in charge
of the Police Court liquor cases. The