Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-24
Mooney and Billings Dispute
Revived by Federal Report

California Law, which prevents the
granting of new trial after an accused
person has been convicted and SEN
fenced and the legal period for appeal
has passed, even though new evidence
Is offered, again is subject to public
scrutiny, as a result of the condemna-
ton by the Wickersham Law Enforce
ment Commission of the failure of ap-
peals in the Mooney Billings trials
Some opinions agree with that of the
commission that the matter is shock
ing to ones sense of justice" but others
still believe that the power of the State
executive Is sufficient guarantee of
justice.
The conviction that the wickersham
Commission docs righteous thing in
condemning this miscarriage of Justice
Is voiced by the Topeka Daily Capital,
with the further statement that the
citation OF this case by the commission
probably will assure freedom for Mooney
and Billings" The Lynchburg News
holds that this report, utterly con-
demning the inferior courts of the
States, as well as the superior courts of
California, has a great deal in it that
every one familiar with such courts will
admit Is fair indictment Linking it
with the case of former Secretary Fall,
the News comments: mo doubt many
case of injustice in the inferior courts
of the States could be cited, but the
influence of those courts Is not wide
spread, whereas the influence of a Fed
eral court in such a case as that of
Fall is Nationwide. The Lynchburg
paper condemns an attitude favorable
to Fall.
There is no longer room for doubt"
according to the Duluth Herald, that
the Mooney and Billings case is a dark
blot of injustice in the American rec
ord, when so conservative a body as the
Wickersham Commission embodies in
one Of its reports sharp condemnation
of this egregiouS situation" The Lex
ington Leader holds that while there
was general press criticism at the time
a new trial was refused, it remained
for the Wickersham Commission to
show the grosSnesS of the failure of
justice. and to lay before the people
facts which should bring about radical
changes in procedure throughout the
country"
AS to the requirments of the law of
IIIS Dan TIdIClSCO
offers the defense: THE WickerSham
report laments that under the law of
California. and other States as we'll,
the courts lack power to reopen a
criminal case on new evidence after the
accused has been convicted and SEN
fenced and the legal period for appeal
has passed. The criticism opens a moot
point. First off. it may appear that
courts. should have power to reopen
criminal cases when, after conviction
and sentence, material evidence is dis
covered tending to cast doubt on the
conviction. At the present time courts,
not only in California, but in other
States, do not have this authority, even
though evidence may be discovered en-
phatically clearing the accused. But
second thought asks why this power
was withheld from the courts. I'm
doubtedly 1t was to save the courts from
being flooded with appeals for reopen
ing on trivial grounds. The State con-
stitution did not leave the wrongfully
convicted person without a remedy. 1t
invested the Governor with the power
to pardon. In any case where con-
victed person is able later to produce
evidence proving his innocence he can
lay it before the Governor, who has
the remedy in his hands"
mo recommendation is made that
the men be granted a new trial. OBJ
serves the Newark Evening News, with
the comment: "Of what avail would
such q recommendation be? The COM
mission is q Federal body and Mooney
and Billings are in California State
prison because of CALIFORNIA; interpre-
tation of California law. And that is
as prominent an example of politics ana
prejudice as any revealed in the New
York courts. The report is a text
book for citizens, any one of whom
under the modern passion for laws,
ordinances and regulations may sud-
denly find himself combating the po-
litico-legal racket"
+
Examination shows" according to
the New York Evening Post, that the
commission, in its report on Criminal
Procedure is merely reprehending Cali
fornia's lack of a law permitting mo-
ton for new trial upon the discovery
Of new evidence or evidence Of perjury
Fair minded people cannot object to
this obvious truth. AS for the report it
self, 1t seems to be singularly ineffec-
tive instrument. Criminal procedure in
the United States Is today a national