Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-13
LAW GROUP URGES
paddock TEETH"
Crime Commission Suggests
Ways of Closing Up
Legal LoophoIes.
CONTINUED From First Page.)

Continued From First Page)
aration Of cases to the Department of
Justice from the Treasury Department.
Codifcation of Federal legislation
applicable to enforcement of prohibit
ton.
Provision making so-called paddock
injunctions more effective.
Provisions for relieving congestion in
the Federal courts.
With regard to the last, the Law
Enforcement Commission said that
complaints of congestion of the Federal
courts came from all parts of the coun-
try, due to the large volume of petty
prosecutions under the national pro-
hibition act"
obviously" said the commission,
"these prosecutions must go on. 1t
would not do to create an impression
that minor attractions are to be
ignored"
Three Methods are Possible.
Three methods for relieving conges-
ton of the Federal courts, the commits
sion said, had been suggested. One
was to increase the number of Federal
judges: the second, to create inferior
Federal courts, or Federal police courts,
and the third, to utilize the present
machinery of the courts, meeting the
causes of delay by a simpler procedure
for petty cases. The commission leans
strongly to the third proposal.
In effect, thu commission proposed
that, in order - avoid the necessity of
grand jury Proceedings and the congeS-
ton of Fedr al court calendars with
minor cases ~ infractions of the pro-
hibition laws, legislation be enacted
Uhiph would hermit r1r0cnctItioY hU COr1
plant or information, through the dis
trict attorney, with the penalty for
such violations fixed at fines not to eX-
coed $500 or Imprisonment in jail, with
out hard labor, not to exceed six
months.
This would obviate" said the COM
mission, 1.-The long delay. unnecessary
expense and needless keeping in session
of grand juries. which are demanded
by the present statute of the law"
Commissioners Could Be Used.
The commission said further that it
believed much delay could be obviated
by the hearing Of such petty violations
of the law before magistrate. provided
trial by jury is reserved for the accused
If it be demanded. The commission
sees no need of setting up special Fed
eral magistrates, but holds that the ex-
listing system of United States commits
sioners could be used. Such procedure,
the commission holds, would be entirely
constitutional.
At the outset Of It's report to the
President the Law Enforcement Com
mission defended its course in not hold
ing open hearings on prohibition at
once. 1t gave the impression, however,
that later it might open its hearings on
prohibition saving:
1T was urged upon us from certain
sources that We proceed at once to hold
public hearings on this subject, but we
conceived 1t to be more useful to make
a careful study of the whole question,
securing information from the RESPONSE
BILE officers of Government and from
printed reports, as well as from hear
ings before committees of Congress, be-
fore embarking upon public hearings"
Group Recently Under Fire.
The commission has recently been I'M
der attack in Congress because 1t has
not held open hearings on prohibition.
The commission called attention to
the need Of going deeply into the ques-
ton OF observance Of the prohibition
laws.
"It Is impossible" it said, wholly to
set off observance Of the prohibition act
from the large question of the views
and habits of the American people with
respect to private judgment as to stat
utes and regulations affecting their
conduct. To reach conclusions of any
value, we must go into deep questions
of public opinion and the criminal law
We must look into the several factors
in the attitude Of the people, both gen.
orally and in particular localities, to-
ward laws in general and toward spe-
cific regulations. We must note the
attitude Of the pioneer toward such
things.
I'VE must bear in mind the Puritan's
objection to administration, the Wing
tradition of right Of revolution" the
conception Of natural rights, classical
OF individual participation in sovereign
ty, the attitude of the business world
toward local regulation Of enterprise,
the clash of organized interests and
opinions in diversified community, and
the divergenceS of attitude in different
sections of the country and as between
different groups in the same locality.
We must not forget the many historical
examples Of large-scale public disregard
Of laws in our past. To give proper
weight to these things, in connection
with the social and economic effects of
the prohibition law, is not a matter of
a few months"
Transfer Is Recommended.
While the commission recommended
the transfer of investigation and
preparation Of cases Of liquor law viola
tions from the Treasury to the Depart
ment of Justice, it held that the issue
OF permits for industrial alcohol and
so forth should be retained In the
Treasury. The need of the transfer of
the preparation of liquor cases to the
Department of Justice was given by the
commission in the following language:
1T Is an anomaly that the cases are
investigated and prepared by agencies
entirely disconnected with and not
answerable to those which are to
prosecute them. All experience of ad-
ministration shows the importance of
concentration rather than diffusion of
responsibility. If prosecution, the legal
side OF enforcement, is partitioned be-
tween two distinct agencies the diffused,
lll-def1ned, non-located responsibility is
sure In the long run to be an obstacle
to efficiency"
Reliable Figures Are Lacking.
The commission complained that
tnere were no reliable figures to show
the size of the Dr0hlen NJ nrobihitiop