Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-06-08
Politics and Prosecutors.


The country Is suffering from too
much politics and too little prosecution
Of law violators, the Wickersham Com
mission has reported to President Hoo
yer. In order to correct this situation,
which the commission holds responsible
for the release of far too many crimi-
mails, 1t recommends the elimination of
politics from the choice of public prose-
cutors and study of means to raise
the caliber and compensation Of these
officials
In view of the practices that have
prevailed for years in this country in
the selection of prosecuting officers,
Federal and State, this recommendation,
If carried out, would shake the whole
structure Of prosecution. The ex-
haustive study Of prosecutions In this
country would indicate that it needs
not only shaking but uprooting. The
difficulty, of course, lies in finding
proper substitute for the system now
in vogue. The commission does not
go into details, merely suggesting an
visions to cover prosecuting officers. At
present Federal prosecutors are ap-
pointed by the President with the ad-
vice and consent of the Senate. Many
State and local prosecutors are elected
by vote of the States or communities.
Not only are the Federal district
attorneys confirmed by the Senate in
their appointments, but those appoint
mentS are for the most part made by
the President upon the recommended
tons of the individual Senators. When
Democrats are in control Of the Federal
Government, Democrats are appointed
to be United States attorneys, and when
the Republicans have the upper hand,
the Federal attorneys are chosen from
the G. o. P. These Offices have come
to be regarded as political prizes, which
60 to the victors at the polls in politi-
cal election. If prosecuting officer
owes his appointment to the backing
of powerful groups or individuals, it Is
not far step to the repayment Of the
favor through laxity toward the group
or individual when violations of law
are charged.
When it was first suggested that the
present Attorney General, William D.
Mitchell. be appointed to head the
Department of Justice hands were
raised in horror by some of the most
eminent Republican leaders. The idea
that a Democrat, as Mr.. Mitchell had
been for years, should be assigned to
such an important political" post was,
it was explained privately, almost be-
You'd belief. But Mr.. Mitchell was
appointed, despite the fears that his
administration Of the Department OF
Justice might possibly have some grave
effect, politically, upon the G. o. P.
The President it appears, has made
good beginning-at the top-towerd
adopting the recommendation Of the
Crimes Commission.
Politics, as the commission insists,
should have nothing to do with prose-
cutions for law violations. The prose-
cutting officer has it largely within his
power to bring a law violator to trial
or to quash the proceedings against
him. How often the power Of freeing
an accused criminal Is exercised by
prosecuting officials in some of the large
centers of population scarcely needs the
testimony of the Commissions report.
Within recent months the office Of the
prosecuting attorney for the greatest
city in the country. New York, has been
under searching investigation, city
by the way. whose government, judicial
as we'll as executive, has been dominated
by a strongly centralized political or
ganization.
The report calls attention to the fact
that by far a greater number OF Of
tenders go free as a result of the action
Of the prosecuting officers than are lib
Grated by jury trial In New York,
for example only 4.3 per cent OF the
releases of suspected criminals are
traceable to jury trials and acquittals,
and only Al per cent Of all the felony
prosecutions have ever reached the jury
trial stage. In Chicago the percentages
are even smaller. 1t is not difficult to
trace political influence as the respon-
sible factor In such a situation.
The system of selecting the prose-
cutting officers is distinctly at fault.
Probably the wonder Is that so many
excellent officers, devoted to their duty,
are in Office today. But assuredly the
prosector as we'll as the judge, should
of oil Influence
Justice is to prevail for all offenders
alike.