Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-24
HARRIS AND BLACK
DEBATE DRY MOVE
Cases Tried by Commissioners
Would Relieve. Courts,
Senator Says.

Constitutional and practical aspect
Of the WiekerSham commissions rec
onnendaeion that United States com
missioners be empowered to pass o.
cases involving certain .tnfPactions o
the prohibition laws we're discussed
over the radio last evening by TIVE
members OF Congress who hold wtdel.
divergent views.
Senator Williams ;. Harris. Demo
crst. of Georgia. a dry and the author
of Q oil carrying the provisions sug'
gested by, the WiekerSham commission
and Representative Loring M. Black
jF., of New York expressed themSeive:
in debate la the National Radio Forum
arranged by The Evening star aIlc
sponsored by the. Columbia Broadcast
ing system. The addresses were broad
cast locally from Station WMAL over .
coast-to-ccast network.
The specific Recommendation which
the two men debated was that in GER
tain enumerated petty offenses, carry
ing punishmentS. of fines OF $500 OF
imprisonnents of six months or both
the cases be heard by commissioner
who would report to district judge
who in tuFneWouid render judgment OF
conviction or acquittal. II the COM
missioner reported for conviction, the
defendant might petition for a jury
trial. If he pleaded guilty or did not
50 petition, the commissioner would
impose sentence.
Judge Believes Relief Possible.
Senator Harris said q bill carrying
such provisions was prepared for him
BY Judge Samuel H. Sibley, United
states judge for the northern district
Of Georgia, and introduced in the Sew
fe TrNGr GfAlOyfn
opinion, he said, that commissioners
could give great relief to the district
courts.
ct would be better for all concerned, ="
he said, IF q trial could be held at
once before the commissioner" He
gave it as Judge Sibley's opinion that
Il requires ''only common sense to deal
with these cases"
Most guilty persons viii admit their
guilt if tried at once" Harris said.
"Often It Is after conference with their
lawyers and friends, with time perhaps
to concoct defense. that they decide
to take chance of trial in court" He
added that q majority of the commits
sioners are capable of dealing with the
run OF these cases" and that they
would be "a mere arm of the court"
Black Cites Constitution. -
Representative Black argued that the
proposal ran counter to the constitu-
tional provisions or trial by jury in all
crimes except impeachment, and OF
speedy trial by impartial jury. The
Constitution does not distinguish be-
tween felonies and nafsdemeanors, ne
said, adding that It would be tmpossi-
BILE for man to get trial before an
impartial jury If he took to the trial
q United States commissioner finding
NJ rS1fftv
1here are many practical objections
to- the plan, y he said. Consider how
prn3lhitfon, has sacrificed : the public
sefRace by its corYHpting influence.
IlflaNiaae the force ofNaVafice over COM
niissioners clothed with extended bow
era
senator Harris said that, as far Is
hibition think that Secretary Of the
Treasury Mellon has made q serious
effort 20 enforce the prohibition law.
Those who favor the law IN the Senate,
he said, welcome" an opportunity 70
record test vote on the proposition
Of enforcement. Il. =,
Election Results Are Quoted.
millions of voters, Democratic as
well as Republican, supported Mr.. Hoo
yer because they believed he would
enforee the eighteenth amendment"
he said, land there Is little doubt that
most of the members of Congress owe
their election, In part ct least, to their
support of this amendment-
He warned that N'if We fail to do
something constructive at this time,
the opponents Of the law will continue
their propaganda 50 as to make 1t UNI
popular" :. !.
soFnetFling should be done about pro-
hibitien. Court congestion can be re-
lieved in a constitutional way" he said.
"by additional diStrict Judges and
courts. It can be relieved 6y repeal OF,
the eighteenth amendment or Inodihca-.
ton of the VolStead act" II the Con-,
stitution were strapped, the amendment
could not exist, he said, for 1t u IN
aliensble rights. Of nan"
Text Of Harris Speech.
The text Of Senator Harris speech
IS as follows:
The ratification Of the eighteenth
amendment in 1920 radically changed
the laws of our country which had been
In effect for more than 100 years, and
in the short space of 10 years 1t could
not be expected that prohibition would
be anything like 100 per cent effective,
especially since Congress has not ap-
propriated suf1icient funds to enforce
IL. So far IS know none Of the
friends Of the measure feels that Sec
rotary Mellon has made serious at
tempt to enforce the law. @
When made an effort to provide
additional funds. to sbe used for this
purpose it was opposed by Secretary
Mellon, but he later agreed to o COM
pRratively small increase. It Ia futile
to try to enforce this law with the
ndeager appropriation that has been
available in the past when we consider
the thousands of miles Of boundary
lines on tn Canadian and Mexican
borders TO be guarded, as well as the
Atlantic, gulf and Pacific coasts, to
say nothing Of enforcement in the $500
counties and several thousands cities
and towns in the United States. The
State authorities will never try to en-
force this law except in cooperation
with the Federal officials.
believe that with ample funds the
prohibition law could be made as eff
fectt1e as the laws against murder and
other crimes.
Should Not Be PGrtisan.
Prohibition should not be made q
partisan measure, and 50 far Is ! ana
concerned it shall not be. President
Wilson had no more devoted admirer
and follower than !, but when he vetoed
the Volstead bill I voted to override
his veto. Democratic Senators who be-
neve in prohibition will support the
President In measures TO enforce this
law as strongly as the members Of his
own party. meant no criticism Of
President Hoover when introduced
the resolution requiring the Crime Com
mission to send in preliminary re-
port. L felt that II was important for
the appropriations committeessS 81 which
7 am q member, 10 have ti:eir report