Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-16

President and the Law Enforcement
Commission for the relief of the con-
eestion in Federal courts through a
system of hearings of minor prohibi-
ton violation cases has been voiced
also on Capitol Hill. The charge has
been made that the plan contemplates
DENYING to defendants in these minor
cases trial by jury.
Wickersham Answers Critics.
George w Wickersham, chairman of
the Law Enforcement Commission, has
replied to this criticism, fatty asserting
that there is no denial of the right OF
trial by jury or that the proposal vio-
lates the Constitution or any OF It's
principles. The formal statement said
Chairman Wickersham Of the Ma
tional Commission on Law Observance
and Enforcement, answering some OF the
criticism made with respect to the COM
missions report, said there appeared to
be in some quarters nnisapprehension
as to the recommendations concerning
the prosecution of certain offenses
against the prohibition law as misde-
meanors.
"The commission did not propose to
take from any defendant the right to
trial by Jury guaranteed to him by the
United States Constitution. But. as
the Supreme Court has held, that right
does not apply to those petty ottenSes
which at common law and under the
Constitution always have been TRADE
by the court.
1.-THE commissions proposal seeks 10
apply this distinction to a number OF
petty misdemeanors or petty oHenses
Of a character which, under State legts-
lation, always have been subject 70
prosecution on complaint or infornia-
ton and triable by a magistrate with
out a jury. and which by act OF Con-
greSs may be made subject TO like pro-
cedure. in the Federal courts.
Sought for Speedy Trials.
This would relieve Federal grand
,juries and United States District Courts
of a burden which experience has
shown it is impossible in many dis
tricts fifty to discharge. In other words.
as to these offenses, 1t is sought to
secure to the defendants that most
fundamental of ali rights, a speedy
trial.
demeanors prosecution desires to plead
guilty, 1t Is to his advantage to make
the, plea, speedily before a United
states commissioner in the District
Court, to be Immediately transmitted
to the judge for action by HIM:
THE provision recommended with re-
,spect to pleas of not guilty. that there
be hearing before United States
commissioner, who shall transmit the
testimony and his findings to the judge
for action by him is similar to the al
most universal State practice before
magistrates, except that in the State
proceedings there may be conviction by
the magistrate, with the right in the
defendant then to appeal and have a
jury trial in another court, whereas the
commissions proposal is to adapt this
State practice to the Federal courts by
securing a jury trial when demanded In
the same court as that in which the
hearing has been had before the COM
missioner.
THE recommendations involve no de-
parture from well settled constitutional
principles, and constitute no invasion
OF any constitutional right"
A nominating committee OF the House
"wets' has agreed to continue Repre-
sentative j. Charles Linthicum, Demo-
Graf. Maryland. as the leader Of its UNI
official group. which numbers about 100.
Earlier, Representative Beck, Republic
can, PENNSYLVANIA, declined to serve in
this capacity. although he declared him
self whole -heartedly behind the move
Fnent which the wet rrouu represents,