The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-07-15
Commission Asserts FIatIy
Link With Politics
Must Be Cut.
BRANDED AS SLOVENLY
Urge Practice of Making
Traffic VioIator Crimi-
nal Be Abandoned.
BY PAUL r. MALLON
United Press STAFF Correspondent
Ky A CITThT(xTNNT Y,.I.- Z

WASHINGTON, July is. -
Throughout the nation scandal
marks the work Of police, traffic and
magistrates courts, the Wickersham
commission told President Herbert
Hoover in its eighth report entitled
Criminal Procedure" issued today
by the White House.
Taking the country as a whole,
there has been and continues to be
scandal in connection with these
inferior courts in noteworthy con-
trast with the almost uniformly
clean record of the superior courts
during century of immersion In
politics," the commission concluded.
Apart from all other considera-
tions, arbitrary methods, incompe-
tent magistrates, tribunals governed
by petty politics, and slovenly pro-
ceedings at the point at which the
great mass of the population come
in contact with law enforcement
give e bad impression of the adj
miniStration Of justice as a whole
and most seriously affect respect
for and observance of law gen.
orally"
Urges Politics be Dropped
The commission urged that all the
courts be taken out of politics. It
suggested many changes in methods
OF Observation-Disclosures Selecti-1
OF more competent judges, enlarge
ment of their powers in handling
cases, Simplification of the system of
review. elimination of the fee
system, and abandonment of the
frequent practice of trying to make
a criminal out of traffic law
violator.
The Billings case in
California was cited as a Shock
ing" example of the crudity of the
law in preventing the reopening of
Q case after it once has been de-
cided. The report deplored the
system which prevented both the
defendants convicted of murder in
that case from getting new trial
on evidence developed after their
conviction - merely because the
evidence was not related to that
brought out during the original trial.
AS a primary recommendation
With reference to. all courts, the
commission called for a changed at
titude on the part of both the legal
profession and the public as to the
choice, tenure and personnel of the
bench.
Indictment Is Severe
Its analysis of the situation in the
inferior courts contained the sever
est indictment of existing instru-
mentalitieS of justice. 1t pointed
out that the chief contact of the
average citizen with justice was
through petty cases and it recon-
mended that these courts be
manned by strong judges and con-
Quoted with dignity.
In too many cities little or no
provision is made for men of the
caliber demanded for the work to
be done" the commission said. TOO
often the judges are chosen at cleo
tions for short terms, are COM
PEELED to campaign for nominations
and election, and thus are subjected
to politics.
Politics Is Blamed
Arrests are made indiScriminately.
the commission protested. It noted
the advisability of establishing adj
ministrative agencies to consider
traffic cases. Certainly a system of
Summonses should be substituted for
arrests in these minor cases, it con-
cluded.
"Indiscriminate exercises of the
power of arrest is one of the most
reprehensible features of American
criminal justice" the report as
serted.
Politics was seen as the underly-
ing cause of most of the trouble
with all of the courts. The model
code Of legal procedure of the
American law institute was recon-
mended for adoption in connection
with most Of the technical matters
Of procedure.
The jury system was admitted to
be in state of "decadence" because
picturesque murders go unpublished
and just ordinary murders result in
convictions. Less use and more ra-
tional use OF the jury system was
recommended. (