Evening star., 1932-05-04
MITCHELL OFFERS
"4PO|NT' SAVING
Partial Moratorium on Grim
inaI Cases One of Plans
for Department.

Declaring the Department OF Justice
is faced with necessity of dismissing
8l8 employees under the present 1888
departmental appropriation bill as
whitfield down by both House and
Senate, Attorney General Mitchell
today put forward program Of four
principal points, including a partial
moratorium on criminal prosecutions"
as means to enable the department to
proceed without crippling the services,
costing the Government more money
than is saved by the cut, and without
wholesale discharge Of employees"
The Attorney Generals proposal was
set forth in a letter to Chairman
Oliver of the House Subcommittee on
Appropriations for the Department OF
Justice. Mr.. Mitchell explained that
the discharge of 8l8 employees would
result in a loss to the Treasury and
not a saving"
The discharge of these employees he
estimated on a basis of no reduction
In the rate Of pay and that the fur
Tough plan Of requiring all employees to
take 80 days leave of absence without
pay is not adopted. He favored the
furlough plan.
Special Authority Desired.
Congress should pass statute"
Mitchell explained, giving the Attorney
General express authority in his dis
cretion to refrain from prosecution OF
offenses against Federal statutes when
ever the same act constitutes an ofense
against State law, and the case is one
where the State authorities could and
properly should undertake the prose-
cution. In the absence OF any repeal
Of any of the myriad of Federal crimi-
nal statutes, we are obliged TO en-
force" he explained, "a partial mora
torium of this kind on criminal prosecu-
tions is the only thing I can suggest.
We have now pending in Congress bill
for such authority in the case Of iuve-
nile delinquerts." Department officials
said in response to questioning that
this new proposal would embrace pro-
hilbition cases in states having prohi-
bition laws.
Pointing cut that in the defense of
civil suits against the Government
where the claimants are insisting on
trials, I'VE cannot obtain continuances
and postponement, and with an made
quate force we must go to trial with
1klSu44C4CAlb RlSRaA dbAOAi d1lA nlbiA NA<o-
astrous results" the Attorney General
suggested q means for obtaining con-
tinuances. He suggested a statute
should be enacted requiring judges OF
all Federal Courts in which are pend
ing civil suits against the Government
to grant continuances and adjournmentS
at the request of Government counsel
whenever a certificate is filed that,
through lack of adequate appropriations
for witnesses and investigators or per-
Sonnel, the department has been unable
to prepare adequately the defense"
Shifting Plan Suggested.
As final suggestion the Attorney
General proposed that clause should
be put in the appropriation act per-
mitting the Attorney General to shift,
not to exceed Is per cent of any item
to some other item in the appropriation.
With respect to civil suits, to which
the Government is party, Mr.. Mitchell
pointed out that 1t was plain that any
diminution in our efforts to recover
moneys due the Government means a
loss to the Treasury. Recover1es in
money by the activity Of the Depart
ment Of Justice in civil suits, the Attor-
ney General said had increased from
$l,7S4 800 In 1915, to $l7,666,000 in
1881.
In another class of cases, the de-
fense OF civil suits against the Gov
ernment, it was pointed out that amy
diminution in our activity means larger
and more numerous judgments against
the Government and further drafts on
the Treasury"
II personnel is reduced as proposed.
the Attorney General said, 1--WE would
have to discharge among others, so
assistant United States attorneys, II
lawyers at the seat of Government, and
81 special assistants"