Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-13
LAW ENFORCEMENT
REMEDIES URGED
Attorney General Mitchell
Tells Hoover "0bviouS
Defects" Must End.
Continued From First Page.l


suggestion comes from the Commission
on Law Observance and Enforcement
in the form of a proposal to use. the
United States commissioners for hpoS-
ing of large number Of criminal cases.
thus speeding up the work and reliev-
ing the Federal judges OF burdensome
details. There are some constitutional
questions involved, but in my opinion,
these do not present insurE1ountable
difficulties, and the validity of the pro-
posal is supported by such eminent
jurists and lawyers are George w.
Wickersham, Henry w. Anderson, New
ton D. Baker, Judge William I. Grubb,
Judge William S. Kenyon, Monte M.
Lemann, Frank j. Loesch, Judge Ken-
meth Macintosh, Judge Paul j. NC
Cormick and Roscoe Pond, who are
members of the commission. If legiSla-
ton along these lines can be made eff
fective, decided improvement will re-
suit.
Some additional relief for congested
conditions will be afforded by providing
additional judges in few districts al
ready recommended by the conference
of Senior Court judges and by me.
Delay in judicial operations through
| inadequate forces in the clerks and
marshals' Offices may be taken care Of
by additional appropriations, request
| Congress.
Detection Agencies Urged.
Agencies for detection of offenses.
| Since the passage Of the national pro-
hibition act, the attorneys who COM
| duct the prosecutions in court have
been under the Department of Justice,
| while the Federal agency for detecting
offenses against the national prohibition
act and preparing the evidence has
| been in the prohibition unit in the
| Treasury Department. There are no
| agencies in the Department of Justice
authorized to perform the latter func-
| ton. The closest cooperation must
exist between officers charged with the
detection of offenses and preparation
Of evidence on the one hand, and the
| United States attorneys and their as
| sistants, who prosecute the cases, on
| the other hand.
These agencies, now in different de-
| partments, would work together more
efficiently If in the same department. A
plan has been drafted by the Depart
ment of Justice and the Treasury De-
partment to effect such q transfer. It
leaves in the Treasury Department the
administrative function of issuing per-
mitS for the manufacture and distribu-
ton Of industrial alcohol and related
matters. These proposals contemplate
a revision of the regulations respecting
| permits so as to provide more complete
| supervision to prevent diversion from
authorized uses such regulations to be
prepared jointly by the Secretary of the
Treasury and the Attorney General so
that the legal experience of the Depart.
ment OF Justice in prosecutions under
| the national prohibition act may be
| utilized in the drafting of the regula-
| lions. This plan also contemplateS that
| In any case in which the Department
of Justice has information bearing on
the merits of an application for a per-
NIT representative of the department
shall participate in the decision as to
whether the permit shall issue.
prosecuting attorneys: However
! etncient the detection agencies may be.
and however well equipped to handle
the business the courts may be, in order
to produce good results the prosecuting
| force-that is, the United States attor-
efficient. Some additional force and
some increases in the rates of pay
should be provided for these officials to
enable us to procure and retain the
| services of competent lawyers. I have
mentioned this before. Requests for
additional funds for this purpose have
been made and await congressional
| action. If the amounts we have asked
| for prove to be insufficient, request for
additional amounts may be made.
Attention should again be called to
the necessity for recognizing and CO.
ordinating the forces charged with
patrolling the borders to prevent snug
| Cling.
IAN important Recommendation for
amendment to the national prohibition
act is that relating to so-called pad
lock injunctionS. It Is intended to
| remedy jurisdictional difficulties which
arise under the existing law.
Prison Reorganization.
There has already been prepared and
submitted to Congress a complete plan
for reorganization of our prison system.
including probation and paroles, which
directly relate to enforcement of GRIM
inal laws. I have also submitted to /.
the chairman of the Senate committee.
recommendations relating to the Dis
trict, so no further mention of these
matters Is required.
Summary.
ITO summarize, recommend:
"F1rst-Immediate consideration Of
legislation to relieve congestion in the
United States Courts by
"Enlarging the powers and duties Of
the United States Commissioners. :.
Providing some additional judges.
Appropriation of funds for charging
and marshals' offices.
"Second-Immediate consideration Of
legislation to transfer to the Depart
ment of Justice the agencies for the
detection Of offenSes under the national
prohibition act.
"Third-Appropriati of funds to
increase the rates Of pay and to provide
additional forces in the Offices of the.
United States attorneys. !
Observation-Disclosures to paddock In
junction provisions of the national pro-
hibition act.
I'm respect to prohibition, attention
has recently been directed more to Fed
eral than to State agencies for enforce
ment Placing all Federal agencies in
good order is not the only requirement..
1t has never been contemplated that the
whole task of enforcing prohibition
should be borne by the Federal Govern
ment. Any constructive plan for better
prohibition enforcement must give at-
tention to improvement in State as we'll
as Federal agencies, and to the adjust.
ment between them Of the burden OF