Evening star., 1934-05-10

public sentiment for law enforcement,
but Justice Hughes declared the
heaviest responsibility must neces-
sarily fall upon the bar.
THE difiiculty lies," he said, "in
securing the cooperation Of the most
learned, enlightened and experienced
members of the bar in meeting that
responsibility"
Referring the the need for reforms
in procedure. he said:
"Of what avail are schemes of pro-
noting social welfare If the organlza-
ton of society fails in its primary
duty of protecting life and property
from criminal assault; If the criminal
law is flouted by corrupt political al
liances; If, despite ofhcial honesty
and vigilance. delays and procedural
complexities embarrass prosecutions; II
even after conviction, laxity and dill
atory methods in appellate proceedings
bring the processes Of the courts into
disrepute.
while there should be a proper
opportunity for appeal where sub
stantial questions are presented. there
is no reason why review Of convic-
tions should not be prompt. The
spectacle Of persons convicted OF
crime at large on bail pending un-
necessary delays on appeal brings the
processes OF the courts into public
contempt"
Justice Hughes emphasized the need
Of competent men on the bench and
said "the necessary feMbility Of pro-
cedure under judicial guidance is lost
in q maze Of technicalities. 1t must
always be borne in mind that no sys-
tenn can be better than its admins
tration, and no rules Of practice can
take the place Of alert and com.
petent judges"
In this country, he said. Intelligent
campaigns for improvement in the
administration of criminal justice
must be conducted on many fronts,
under diverse conditions. 1nd1scrim-
mate criticism Is futile"
He pointed out that our dual sys-
tenn Of government has caused the
public in many cases to fail to put
responsibility for the judicial break
down where 1t belongs. and to con-
fuse the functions Of State and Fed
eral enforcement.
The Supreme Court has sought to
meet the requirements OF simplicity
and nexibility in its new rules of pro-
cedure. the Chief Justice declared.
useless forms have been abolished"
he explained. THE times for taking
the various steps in the prosecution
of appeals have been shortened. The
appellate court Is placed promptly in
control of the proceedings Of appeal
and may at any time on short notice
entertain q motion p, dismiss the ap-
peal, or for directions to the trial
court. or to vacate or modify any
order made by the trial court or by
any Judge in relation to the prosecu-
ton Of the appeal, including any
order for the granting of bail.
Trial judges Duty.
Immediately upon the taking Of
the appeal. the trial Judge has the
duty Of bringing the parties before
him and Of giving such directions as
may be appropriate with respect to
the preparation of the record on ap-
peal. Bail is not to be granted after
judgment of conviction save as pro-
vided in the rules. Bail may be
granted by the trial judge or by the
appellate court. or. II the appellate
court Is not in session, by q judge of
the appellate court or by the justice
of the Supreme Court assigned to that
circuit. Bail is not to be allowed
unless it appears that the appeal in
wolves q substantial question which
should be determined by the appellate
court"
Justice Hughes cited the increasing
burden from the large number of ap-
peals the Supreme Court Is called
upon to review and appealed to the
bar for cooperation in keeping down
the courts volume of work.
He said II the courts work con-
tinues to increase. it cannot hope to
discharge its duties properly.
"A very large proportion Of the ap-
plications are without substantial
grounds he told the institute.