Evening star., 1933-08-30
BAR HEARS PLEA
TO WAR ON CRIME
President of Association Asks
Reforms to Guard
Public.
BY the Associated Press.
GRAND RAPIDS. Mich.

6E LIe ASSoCldttu f>IeSS
GRAND RAPIDS, Mich. August 80.
The American Bar Association today
swung into the initial sessions of its
annual convention with mandate to
unite against the underworld, but with
It's attitude on the National Recovery
Administrations program matter of
speculation.
A demand for a united front against
the kidnaper and the racketecr vas be-
fore the convention. passed on from the
National Association of Attorneys Gen
eral. which concluded its sessions yes
terday with the adoption OF a series Of
resolutions regarding law enforcement.
On the National Recovery Admins
tration the attorneys were expressing
widely divergent opinions, but few
thought the subject would lead to
serious controversy.
Few of the bar leaders were willing
to follow Attorney General Patrick H.
OBrien of Michigan in his challenge
of Monday in which he dared the courts
to set aside the N. R. A, yet there were
not many who could be found to voice
open opposition to the Presidents pro-
gram.
Code Proposed.
The association opened its sessions
today with all sectional meetings con-
cluded. Sharing interest with the set
of resolutions adopted by the State at
torneys general were the plans of the
Junior Bar Association Of the United
States for national code of fair COM
petition which demanded that all but
licensed practitioners be excluded from
the profession.
The resolutions adopted by the at
torneys general included pledges of CO.
operation with the National Govern
ment in the war against the under
world suggestion that kidnapers be
subject to the same penalties as mur-
derers a plea for stricter regulations
governing the sale of deadly weapons
and recommendation that general su-
pervision over criminal prosecutions be
given attorneys general
The attorneys general chose William
Schnader, attorney general Of Penn
sylvanla. as its new president. Other
officers included Ernest L. Averill Of
Connecticut, vice president; Joseph E.
Messerschmidt of Wisconsin. secretary
ida, Joseph E. Warner of Massachusetts,
and I. H. Van Wrinkle of Oregon as
members of the Executive Committee.
The proposed code sets a 40-hOur
week for all, save partners in law
firms or those in managerial or eXecu-
tive capacities drawing more than S35
week. A minimum weekly wage of
$50 for attorneys employed by other
attorneys also is provided.
Crime Laws Assailcd.
Declaring that "Candor conpals the
admission that America is crime
breeding and criminal-prctecting Ma
ton Clarence E. Martin. president of
the American Bar Association. today
offered his associates in that organiZa-
ton suggestions for improving condi-
tio1s.
In the same speech Martin saw in
the growing number of laws which
overlap or usurp State functions "a
definite, positive plan to destroy the
republic and substitute therefor a So
cial democracy
so rapidly arc the rights of States
waning that legal writer's are beginning
to see that soon they will be reduced
to administrative districts" said Mar
tin. incompetent and dishonest state
and local administration of the law,
he declared, was one of the contribut-
ing factors to this situation.
The bar association president de-
plored the ''burdensome task imposed
on the prosecutor by the presumption
OF the innocence of the accused, and
declared that If safeguarding law abid-
ing citizens were given the same atten-
ton that has been bestowed upon safe
guarding the lawless element from
conviction there would be a diff
ferent aspect in the realm of criminal
procedure"
Would Plug LOopholes.
AS long as legal technicalities of the
type which delay trials and favor de-
PENDANTS exist, he said. the lawyer
must take advantage of them, however
he may personally view the applica
tion of them" He favored Immediate
stopping Of the loopholes by reforms
in procedure. including simpler indict
ments, reduction in challenges. verdicts
by nine of II jurors except on capital
cases, and compulsory jury service.
Segregation of first offenders from
hardened criminals in prisons, liberal
paroles for first offenders, and life i'm
prisonment after third felony convic-
tion also were advocated.
Use of the commerce clause in the
Federal Constitution for "invasions of
State. powers is now elementary and
shopworn," Martin declared, and added
that its use has been upheld when
the purpose of the legislation was not
actually the protection of interstate
commerce. but was intended for the
purpose of providing a solution of some
social or even local problem"
Asks Emergency Support.
Reserving judgment on the emergency
legislation of the last Congress. Martin
said. that "in the absence of court de-
cisions, which are probable, it would be
unfair as we'll as impolitic to at
tempt a determination of the consti-
tutional questions involved" Disre-
garding the constitutional aspects as
temporary expedient, he said, the