The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-12-17
LAWYERS URGE
LEGISLATION TO
AID CRIME WAR
Attorneys Move to Strike
ShackIeS From State
Courts, Police.


shackles from the hands of Indiana
Criminal Courts and law enforce
ment agencies in the war on crime.
today stood recommended by the
Indiana State Bar Association fol-
lowing an eight-year study by its
committee on criminal jurispru-
dence.
Meeting here. the association
adopted recommendations submitted
by committee headed by Atty.
Gen. Philip Lutz Jr. after re-
go on record as disappearing re-
port of subcommittee of a state
commission on administration Of
justice.
The Bar Association adopted pro-
posals to enact uniform criminal
extradition act. uniform legislation
to regulate sale and possession Of
machine guns and other procedural
changes. including a requirement.
that the prosecution be advised "
abb defenses at least five days ia
advance of trials. Such legislation,
it was pointed out, would enable the
state to investigate alibis.
Also Endorsed were:
l. An act permitting attorneys
and the court to comment on the
failure of the defendant to testify.
2. An act to permit the state to
pay witness fees to nonresidents of
the county.
Thirteenth Juror Urged
3. An act permitting the state
to pay expert witnesses for their
testimony.
4. An act to provide for a thir-
| teenth juror to serve in the event
Of the inability of one of the regular
jury to continue to serve.
5. An act permitting the Supreme
Court to promulgate criminal pro-
cedure rules.
6. An act providing that joint
defendants shall be tried s1intly or
shall have separate trials in the
discretion of the court.
Members of the committee sub
hitting the report we're Floyd j.
Mattice, indianapolis, Chief Deputy
Marion County Prosecutor; Maurice
h. Critics, East Chicago; Francis K.
Bowser, Warsaw, and Denver G.
Harlan, Richmond. In the absense
of Mr.. Lutz, the report was submit
ted by Joseph P. Mcnamara. Deputy
Attorney General.
Proposal Stirs Battle
The recommendations Of SUBJ
committee of the Governors Com
mission on Governmental Economy
was the storm center of debate at
Saturdays meeting of the aSsocia-
ton. When Bernard 9. Gavit, In
diana University Law School dean,
explained the report, which includes
recommendations that circuit and
other county courts be reduced from
los to 81, rules were suspended.
The fight against the report was
led by lawyers from counties where
the commission recommended abo-
lition of courts deemed unnecessary.
B. F. Small, Terre Haute, offered
a resolution to disapprove the COM
missions report "as now written"
| Opposition to action by the as
ISOLATION was led by Harvey Cole.
Peru, who asserted members of the
Legislature might get the impress
sion the members of the bar OPP
posed the report for selfish reasons.
OMara Opposes Report
Thomas O'Mara, Terre Haute
Bar Association president, said he
had been instructed to oppose the
report in its entirety, He was Joined
by w C. Miller, Michigan City, who
urged opposition to the sections rec
ommending adjustment of courts.
Principal speaker was Federal
Judge George E. @. Johnson, Chi
cago former United States Attor-
ney who convicted Al Capone. He
outlined the reign of gang terror
in Chicago and urged adequate law
enforcement agencies headed by
co-ordinated state police system.
The Office of sheriff, he said, is OBJ
solete and should be reduced to that
of service of process and custodial
care of prisoners.
Charles M. Hay, City Attorney Of
st. Louis, Mo-, pleaded for active
participation by attorneys in civic
affairs
A report submitted by Howard s.
Young, Indianapolis, on unauthor-
| lied practice of law, was adopted.
Negotiation of local agreements be-
tween banks. trust companies and
similar agencies engaging in law
| practice was recommended.