Evening star., 1935-05-04
.GARNETT IS HELD
.v0TEELESSv|cT|M
{. Hilton Jackson, Former
Associate, Protests to
Cummings.


sharply scored today by z. Hilton
Jackson, attorney, former associate OF
District Attorney Garnett, as another
evidence of injustice" foisted on
this city because the District has no
voice in Congress.
Jackson formally protested against
the report. by writing letter to
Attorney General Cummings and to-
day issued a statement, in which ne
stoutly defended Garnett.
Mot until the citizens OF the Dis
trict of Columbia are given the in
alienable right Of having q vote In
their own affairs" said Jackson. ."can
these or other items Of injustice be
'remedied."
In his letter to the Attorney Gen.
eral, Jackson said, TT Is with pro-
found regret and amazement that I
read the report Of the Crime Con-
mittee, which bears evidence on its
face Of being largely the work Of
one who was both prosecutor, Judge
and executioner.
Protests Process.
"1t Is hardly conceivable that we
have fallen upon times where char
scter may be assassinated with i'm
punity and reputation blighted with
out some semblance at least to due
process of law"
Declaring that since the Attorney
General appointed the district attor-
Eey and had supervision of the office,
Jackson said any such investigation
would more properly have been made
by the Department Of Justice itself.
IF the committee had contemplated
an impartial investigation of Garnett's
Office" said Jackson, cit Is not under
stood why they should have selected
as the prosecutor Of this committee
an inexperienced former assistant OF
Garnett. whose separation from the
Office was precipitated by a contro-
versy between him and one Of the
judges OF the Supreme Court Of the
District of Columbia. Regardless OF
the merits Of such separation, an i'm
partial mind is not able to grasp the
propriety. under the principles OF
Anglo-Saxon jurisprudence, Of select
ing a potential enemy to act in the
dual capacity of prosecutor and Judge,
a situation implicit in the investiga-
ton and findings Of the Crime Com
mittee.
Knew Garnett Long Time.
"I have known Mr.. Garnett over
q long period of years and for several
Years he was associated with me IN
my ofice suite in the practice Of law,
both in the District Of Columbia and
in Virginia. During this period I was
associated with Mr.. Garnett in litiga-
ton Of the first importance in both
jurisdictions, and throughout was In
constant conference with him with re-
spect to the most complicated legal
matters. As a result of this contact,
formed the opinion, which I now en-
tertain, that Mr. Garnett was lawyer
of unusual ability. both in the trial OF
cases and in conference, and that his
approach to all legal questions was
characterized by the highest in
tegrity."
In his statement Jackson further
praised Garnett, declaring that the
ONCE Of district attorney in this juris-
diction "is primarily Of an admins
trative and semi-judicial character,
and that qualifications for the dis
charge of its duties do not necessarily
involve a meticulouS memory as to the
penalties imposed by a multitude oi
criminal statutes or the incidental
rules of court procedure"
Charges Petty Questions.
The examination of Garnett by the
committee, Jackson charged, was art
fully designed to disclose a lack ol
knowledge of certain details on thu
part of the district attorney. having
nothing to do with the larger anc
more fundamental aspects of the ad'
ministration of this important office.
Explaining the Office was admins
trative and semi-judicial. jackson
declared: 1T is not commonly real
lied that the district attorney L
largely a judicial officer, for by hin
must be decided the question as II
what cases shall be prosecuted ant
what cases shall be dismissed. H
has to examine the evidence and de
termine in a great many cases
whether the evidence shall be pro
duced to the grand jury for an in
dictment, and after indictments hav
been made by the grand jury. he ha'
to weigh the evidence to determln
whether it is proper to prosecute o
to enter q nolle prosequi."
Turning to the voteless condition
of this city. Jackson tied this di
rectly with the injustice" OF th'
Crime Committee report.
Rights Ignored.
"The situation brought to the from
by this report" he said, has more
fsr-reaching results than its immedi
ate subject matter. The deprivation
of a population now equaling abou
one-sixth Of the population Of thu
original IS Colonies at the time o
the Revolution, of the right of suf
fraQe has resulted in endless contro
versy in and out of Congress owe
the administration of strictly loca
affairs. The exclusive jurisdiction o.
Congress In the realm OF Legislation
over the District of Columbia has
been too often, though unwittingly
used as an excuse for ignoring the
rights of a population much larger
than many of the 48 States Of the
Union. The ever increasing exemp-
ton of real estate from taxation, due
to the large property holdings OF the
national Government, has already re-
suited in the removal of at least 40
per cent of the real estate from tax
alton, according to a recent report oil
Commissioner Hazen, with the con-