Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-09
One Would Permit Summon
ing Witnesses From Other
States in FeIonieS.
DEFENDANTS SILENCE
COMMENT FAVORED
Final Session of Institute Held
Today After Ban on Firearms
Use Causes Disagreement.
By the Associated Press

BY the Associated Press.
Two proposed statutes designed to aid
criminal law administration were ready
for consideration by State Legislatures
as the American Institute of Law began
the final session of its annual meeting
at the Mayfiower Hotel today.
One proposal would allow the sum
moning of material witness from an
other State If the distance were not
more than 1000 miles The other would
give the judge, prosecuting attorney
and defense attorney the right to COM
ment on the fact that the defendant
did not testify.
Disagreement on a third proposed
statute defining the right of an officer
to kill or wound in making an arrest
caused 1t to be sent back to a special
group for further study.
Seeks to Clarity Law.
The institute is engaged in clartfca-
ton and simplihcation of virtually the
entire field Of common law. but GRIM
1nal law is the only branch where IL
has drawn statutes with the view to
their adoption by State Legislatures
Restatements of the law in torts, con-
tracts and trusts we're presented to the
institute for consideration today.
The meeting will end with banquet
tonight at which Ada Comstock, dean
of Radcliffe College and member of the
Wickersham Commission; Solicitor Cen
eral Thatched and Eugene A. Gilmore,
former acting Governor General of the
Philippine Islands, will be speakers.
The attitude of Maj. Gen. Smedley
D. Butler, y. S. M. c. as director of
public safety in Philadelphia six years
ago was used yesterday as an argument
for the proposal to limit the right of
officers to use their revolvers in making
arrests. The gun battle which preceded
the capture Of Francis Crowley and
Rudolph Duringer in New York Thurs
day was used to cite contentious against
the proposal.
Hits Butler Attitude.
AS drawn, the proposed statute would
prevent an officer from killing or
wounding an offender attempting to es-
cape except in cases involving certain
felonies. Prof. Edwin r. Keedy of the
University of Pennsylvania, who with
Prof. William z. Mikell-of the same
university framed 1t, said Gen. Butler
encouraged the use of revolvers by off,
GERS in Philadelphia.
I'm my opinion" he commented, "his
attitude hurt the administration of
law"
Newton D. Baker, Secretary Of War
he did not feel any action should be
taken that would hamper officers In
dealing with the modern ganEster."
He added that the fight surrounding
the arrest of Crowley and Duringer
read like a ''skirmish on the Western
front"
George W. Wickersham, chairman of
the Law Enforcement Commission, told
the institute council that changes
should be made extending the right
OF the oficer to use force and that
State Legislatures should be given OPP
portunity to add to the list Of crimes
named in the statute.
POmerene Expresses View.
Most of the members participating
in the discussion sided with Baker and
Wickersham. The proposal by Keedy
and Mikell was defended, however, by
Judge Floyd E. Thompson Of Chicago
Atlee Pomerene, former Ohio Senator
and later prosecutor in the naval oil
lease cases, said he did not believe in
giving officers the right to kill or wound
in making arrests In all cases of felonies
He cited the case of a woman in
Michigan, who was sent to prison for
life upon conviction of violating the
prohibition laws for the fourth time
If the proposed law we're sufficiently
broad. Pomerene said, an officer would
have had the right to shoot the woman
if she had attempted to escape.
Baker also objected to the language
in the proposed law on sunmoning
witnesses. He said the 1,000-mile re-
striction should be stricken out, citing
as an illustration the case of Henry M
Blackmer, Colorado soil man, who re-
fused to return from France to testify
in the oil lease cases
The proposed statutes adopted are
intended for enactment by State Legis-
latures. The right to shoot" probably
will not be taken up until the institute
meeting next year.