The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-06-07

Lawyers in the United States house of representa-
tves will blush in later years when they recall their
hasty action this week bills designed to improve
the handling of liquor cases by the courts. The
kindest thing their friends in the senate can do is
to lay this Unfinished legislation aside and permit
the house to take another look at it in the cool of
the session following the elections.
The chief purpose of these bills is to eliminate
jury trial and provide trial by United States
missoners in certain and to modify penalties
for certain minor offenders under the Jones five
and-ten-year law.
Action of the house is truly surprising, when it
is considered that the proposed change in the federal
judicial system of the very few undertaken in
the course of a century and half. 1t can be ex-
planned only by the theory that the house has &C
kepted serious study and research what proves on
examination to be little more than loose language.
Serious court congestion urged by the admin
stration in presenting these bills to congress. For
getting the dangerous and revolutionary cure at
tempted-aboiton of jury right-lets look at the
alleged malady. Does it exist? The special Hoover
crime commission in report filed with errors and
contradictions, says it does
But special report to the house by Representa-
tive Bachnlan after thorough investigation, says
vt does not. The annual report of Attorney General
Mitchell says it does not The last report Of the
senior circuit judges signed by the late Chief Justice
IL
One reason the crime commission reached its err
toneous conclusion may be found in another error.
THE commissions hasty-and premature-report de-
cared that the usual practice in prohibition cases
is prosecution by indictment The fact is that prose-
cution usually is by 'nformation"as later admitted
by Chairman Wickersham.
AS for the remedy, not only does it propose the
denial of jury trial in cases, but many of the
commissioners who would hear such cases are not
even trained in legal matters. And finally since the
courts still would have to pass first heard
by commissioners, this duplication of work is likely
to increase rather than relieve any congestion there
may be. Need for judges becomes likely; need
for more assistant district attorneys becomes certain
If our judicial system must be modified to meet
the needs OF prohibition sensible experiment
might be that proposed by Representative Dyer in
the house and by the senate judiciary committee
the removal of certain types of cases from federal
courts to state courts
All circumstances attending this legislation have
been such as to warn the senate against following
the houses nl-considered action. AS late as last
March, the attorney general objected to bill viz
tualIy the same as that now enacted by the house.
Very recently the spokesman for the crime COM
mission testified that the commissions report did not
contemplate modification of the Jones law But now
this modification is voted, the ground that it is
necessary to carry out the commissions recommen-
cations.
Even the friends of prohibition will find them
selves better served if the senate puts little calmer
thinking into this problem than has happened in
the house.