The Washington times., 1934-04-07
FAVOR
BILL CHANGING
PENALTY

T[WHL||
The District Bar Association
has given its approval to a reso.
luton introduced in the Senate
by Senator william H. King
which is intended to adjust a
discrepancy between the provi-
sions Of the District code and
the Federal statutes in the matter
of first degree murder penalties.
Under the proposed change
jury verdicts in first degree muir
der cases need not necessarily
carry the mandatory penalty Of
death. The death penalty will
not be mandatory and the jury's
recommendation without the
death penalty will automatically
carry life imprisonment.
This resolution, forwarded to
F. Regis Noel, president of the
local bar association, was turned
over to William E. Leahy's COM
mittee on criminal law enforce
ment. That committee, within
a days time, had made its favor
able report.
There are many reasons for the
change, Mr.. Leahy stated. Prin-
cipally, it will not impair the dis
position of justice, because there
are other capital crimes where
the jury may fix the death pen
atty, and two instances have oc-
Cured within a decade where Dis
trict juries have made such rec
concentrations and they have
been needed.
The first such case was that
of g young Negro convicted for
assaulting a white woman on the
Capitol grounds. In that case the
jury's recommendation was fol-
lowed and the offender was elec-
trocuted.
So it goes to prove that offend
ers in local courts will be given a
proper penalty on conviction. It
also eliminates the excuse of I'M
willing Jurors that they have con-
scientious Scruples against inflic-
tion of the death penalty, accord
ing to Mr.. Leahy.
Moreover, the committee found,
it will relieve the Department of
Justice and other governmental
investigating agencies Of an un-
told amount of labor.
In cases where death penalties
are imposed under the present
mandatory statute, it invariably
follows that execution is delayed
number Of times while certain
agencies make Investigations to
discover what mitigating or ex-
tenuating circumstances, if any,
exist, with the result that often
the agencies make recommends
tions that the trial jury, if given
the necessary authority, would
have made in the first place.
Lucian H. Vandoren is vice
chairman of this committee and
Simon Hirshman is secretary.
Members include: Philip Ershler,
George D. Horning, E. Russell
Kelly, Michael F. Keogh, Michael
J. Lane, Arthur Phelan, Daniel S..
Ring, Leo A. Rover, Walter M.
Shea, r. E. L. Smith, Raymond
Sparks, Joseph c. Turco, Needham
c. Turnage, H. Mason Welch and
Edward M. Welliver.
This committee, incidentally,
will have considerable to do with
the survey now being made by the
American Bar Association, in its
efforts to secure uniform practice
and effective laws. Its work is al
ready beginning to dovetail with
the bar associations activity.
Four local lawyers were Gin con-
ference" yesterday afternoon, if
any clients called at their offices.
The conference was held on the
Rock Greek links and the con-
ferees included Richard L. ("Hole-
in-One") Merrick, Edward Duvall,
S. George Tate, and Charles Dill
lard.
That part about Mr.. Merrick
having made hole in one is just
a joke however. Mr.. Merr1ck,
whose score ranges between 80
and SIS for nine holes, says he can
make as much money these days
playing golf as he does practicing
law.
So it may be that he can pick
his opponents with as much cir.
cumSpection as he has proved
himself able to select juries.
Guy Mason is the real "hole.in-
one" ace of the legal profession in
this city. Mr.. Mason has actually
made hole-in-one on two separate
occasions at Congressional.
For the benefit of those who do
not know Mr.. Mason's history and
to convince them that newspaper
men sometimes turn out alright If
given q little time, Mr.. Mason
was once the managing editor Of
this newspaper.
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