Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-24

harry the States, safeguards were con-
uived OF these most important were
the provisions for jury trials. The
eighteenth amendment being out OF line
with the basic thought Of the Constt-
tuition, 1t was but natural to expect
tnerefrom consequential violence TO the
entire constitutional scheme. Such vio-
lence is presented in the Wickersham
plan for non-jury Federal trials.
The Continental Congress IN 177A
protested to Quebec that the right TO
seit-government was followed closely
ny the right to jury trial. Again in
IT'S 1t complained to Ireland that Eng
land was depriving the colonies Of the
ancient and inestimable right Of trial
by jury. This right. was doubly pro-
tected in the Constitution. Patriotic
blood was shed to guarantee this right
ana " was clearly documented In the
Constitution.
Article 5 provides. 1.-THE trial of all
crimes except in cases Of impeachment
/ shall be by jury"
The sixth amendment declares: SIN
all criminal prosecutions the accused
snail enjoy the right to a speedy and
PUBIC Trial by an impartial jury"
/ COnstltutionaIity Is Hit.
The Wickersham Commission wants
enumerated petty ofTenses carrying
punishments of fines Of $500 or impris-
cnments Of six months, or both, heard
by commissioner, who reports to q
district judge, who is to render judg-
ment Of conviction or acquittal. If the
commissioner reports for conviction the
defendant may petition for q jury trial
IT TO be noted that the Constitv-
"a ali al
nal prosecutions. Crime Is the genus
'ternl--felony Is specific and misde-
meanof another specie, This distinction
was known In the common law when the
constitution was adopted and the
founding fathers who were at least rs
profound and careful as our contempo-
rary statesmen would have used the
word "felonies' instead of Grimes in
the the Constitution had that been their
intent. They made no distinction be-
tween petty and major crimes when
providing for jury trials.
But let us not be satisfied with ordi-
nary logic applied to everyday under
standing OF the involved terms. Wa
viii resort to the technical reasoning
Of jurists with uncommon insight on
the pending question.
We are bound to accord respect to
the opinions OF General Wickershan1,
Us
they have all rendered time and again
distinguished service to the Nation.
To offset their views on this subject,
fairness requires opposing intsrpreta-
tons from sources OF parallel dis
tinetion.
Judge COoley Is Quoted.
Judge Cooley. leading Constitutional
authority, believes the right to a jury
trial In criminal cases y so affected by
the public interests that even the de,
sham plan does not even give hiEa a
chance to wave it. "The natural life"
says Blackstone, cannot legally be
disposed Of or destroyed by any I'M
dividual neither by the person himself
or any individual merely upon their
own authority The public has an in
terest in his life and liberty" An i'm,
portant case is Thompson VS.. Utah
I70 U. s. S4S) decided by the United
States Supreme Court, There . crime
came a State. The accused was tried
after statehood, before . jury of eight.
He did not object until after the
verdict. Judge Harlan writing for our
highest tribunal said: 1.-THE law in
force the Federal Constitution when
the crime was committed did not per-
NIT any tribunal to deprive him Of his
liberty except one constituted by q
court and a jury Of ~ persons. >" The
Wickersham Commission relies for Its
notion that petty offenses may be tried
without . jury. On Callan vs.. Wilson,
121 u. s. $40, Judge Harlan there de-
cided "tfe trial of all crimes, except in
cases of impeachment, shall be by
jury" Is to be construed In the light
OF the principles which, at common law,
determined whether or not q person
accused Of crime was entitled to be
tried by jury; and thus construed. It
embraces not only felonies punishable
oy confinement in the penitsntiary, but
punIahmenk of which NAV iraunlne tha