Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-03
MITCHELL FAVORS
DISTRICT DRY LAW
Attorney General Also Sug-
geStS Two More Judges for
D. C. Supreme Court.
Continued From First PageO


ton of any traffic in intoxicating liquor.
All knowledge or information acquired
by any of said officers concerning such
violations shall be promptly reported.
with the names of all witnesses by
whom such violations may be proved. to
the United States attorney for the Dis
uict of Columbia for prosecution"
1t is provided, however, that the
offenSes of being drunk or drinking in
public and of driving vehicles other
than automobiles while under the in
fluence of liquor shall be handled by
the corporation counsel.
The bill fixes a penalty of a fine of
from 500 to $500 and the loss of posi-
ton for any officer who fails to comply
with the provision of this section of the
bill giving this new power to all men,
bers of the police force.
Recommendations Limited.
The Attorney General began his letter
with the statement that he is con-
filming himself to questions with which
the Department Of Justice deals, and
has refrained from referring to matters
that would be covered by national legis-
lation. The letter read, in part, as fol-
lows: .
II inclose for your consideration Il
to the national prohibition act for the
District OF Columbia, together with an
explanatory memorandum prepared i'll
this department. The basis for this
draft is bill submitted November 81 to
this department by Senator Howell of
Nebraska, the incloSed draft being a re-
vision Of Senator HoWell'S bill. We used
Senator Howell's bill as a basis in order
that those interested in this matter
- ~
avoid confusion. Many things in this
bill are more in the nature of clarifica-
ton of existing law than new legisla-
ton. 1t enlargeS and more sharply de-
fines the duties and the power of the
District Commissioners and the police
of the District in matters of prohibition
enforcement, and in that respect 1t
responds to the suggestion Of the PreSi-
dent In his recent message TO the Con-
2ress.
II recommend legislation to provide
at once two additional judges for the
Supreme Court of the District. I am
incloSing for your information docu-
ments containing mass OF statistical
information respecting the business of
the court. together with reports from its
chief justice and the United States at
torney There is no room for difference
Of opinion as to the need for at least
one additional judge. l am satisfied
that two additional judges should now
be provided and that the only question
about the second additional judge is
whether he may be needed after the
lapse Of three or four years. If 1t be
deemed advisable to anticipate that
event, the legislation might provide that
the first vacancy occurring after the
expiration of four years shall not be
filled unless 1t be in the Office Of chief
justice to be filled by then advancing
an associate justice. There is very
serious congestion of cases in that court.
Criminal cases, where the accused are
in Jail without bond. are kept fairly
current, being given preference.
Calendar Months Behind.
THE calendar of cases where the de-
PENDANTS are able to give bail is many
months behind. Delay In the rial of
criminal cases means lax law enforce
ment. Witnesses move away, die or dis
appear, acquittalS result, cases have to
be nolle pressed, guilty defendants thus
escape punishment and the whole ma
chinery Of law enforcement slows down
and we lose the deterrent effect to
speedy trial and punishment. A similar
condition exists In the District respect
ing paddock injunction cases under the
national prohibition act, which should
be effective weapons in the enforcement
Of that statute.
There are a large number OF those
pending in the District, and 1t takes
from one to one and half years to
secure a trial in such a case after 1t Is
instituted. The prompt trial and dispo-
sition of such cases would tend to deter
proprietorS and tenants of real estate
from allowing the use OF their property
fnF. Io VII IF 4.
bition act.
There is. likewise, a great delay in
the trial of private civil cases in the
Supreme Court of the District. The
equity calendar Is more than a year be-
hind. Such delays result often in denial
of justice TO private litigants, particu-
larly to poor people"
Would Simplify Procedure.
Continuing his letter of transmittal,
discussing court congestion, the Attor-
ney General wrote:
THE court is SO far behind that with
one additional judge it would be a slow
process for it to bring its dockets up
TO date. The public interest requires
that this be done as rapidly as possible.
Two additional judges will expedite the
work. Suggestions have been made for
rearranging the respective jurisdictions
vi the FOllct, municipal ana supreme
Courts Of the District, or for simplifying
the procedure in the Supreme Court
through its rule making power or by
legislation. and for relieving congestion
in the Federal courts generally by one
means or another.
Ultimate improvement may be
brought about by such means. but i'm
mediate relief requires an addition to
the number of judges. II other meas
ures for relief make 1t unnecessary to