Evening star., 1937-12-21
BY JOHN H. CLINE.


United States Attorney Leslie C.
Garnett intends to use as evidence in
criminal cases information obtained by
tapping telephone wires within the
District despite Supreme Court rul-
Ing that information obtained by lis
tenlng in" on interstate telephone con-
versations cannot be used as evidence.
Mr.. Garnett said yesterday he felt
the decision of the high court would
not preclude the tapping of telephone
wires TO overhear conversations of
persons within the city limits and the
use as evidence of information so OBJ
tanned. Under his Interpretation of
the high courts decision, he said it
would be possible to use some Wire
tapping evidence against Abe Plisco.
alias "JeWboy" Dietz, and several CO.
defendants now awaiting trial on
charge Of conspiring to violate the
gambling laws. Mr.. Garnett said he
intends to bring Dietz to trial and
present evidence obtained by tapping
local telephone wires He also said he
intends to take similar action in other
pending prosecutions based on wire
tapping evidence.
Cases May Have to Be Dropped.
Other local officials had expressed
the belief the Supreme Courts de-
cislon would make it impossible to use
any overlapping evidence and that
cases based on such evidence might
have to be dropped.
William B. OConnell Of counsel for
Dietz was prepared yesterday to argue
the validity Of the indictment against
him. but when the decision of the Su-
preme Court was announced, District
Court Justice Jesse c. Adkins con-
tinued the case until Monday that it
might be determined what new issues
are involved
In response to queries from the
press concerning the decision, Attor-
ney General Cummings said today:
The decision of the Supreme Court
settles the proposition that evidence
obtained by tapping of interstate wires
is not admissible in Federal courts,
and we shall, of course, be governed
accordingly
In view of the fact that the Su-
preme Court has sanctioned the prac-
tlce of wire tapping in the Olmstead
case several years ago and, until the
decision rendered yesterday, such
practice on the part of law-enforce-
ment officers was regarded as legal, no
responsible person would recommend
the prosecution of officers acting in
good faith, as did the Treasury agents
in this case, who, with the approval
of the trial judge, testified in open
court to matters obtained by tapping
wires. There would seem to be every
reason for distinguishing between such
conduct prior to the decision and
future cases.
Amy future legislation on the sub
ject is matter for Congress. 1t must
be remembered in this connection that
there are large number of investigat-
ing units in the Federal Government.
So far as legislation is concerned, I
have no opinion to express at the
present time"
The decision Of the Supreme Court
was made in the case of Frank Mar
done and three co-defendants, con-
victed in Federal district court in
New York Of smuggling illicit alcohol
into this country.
They were convicted on evidence
obtained by tapping telephone wires
and the conviction was sustained by
the Circuit Court of Appeals. In
setting the conviction aside and re-
versing the lower tribunal, the Supreme
Court said section COS of the Federal
Communications Act made it unlawful
for any person, including Federal
agents, to tap telephone wires and
divulge details or the substance of any
interstate telephone conversation. This
ruling, in effect, reversed a 5-to-4 de-
cision of the court in 1928 which
sanctioned wire tapping in a Cali
fornia prohibition case despite a State
law forbidding wire tapping.
Court Divided ! to 2.
The court divided to 2 in yester-
days decision, and in announcing the
majority ruling, Associate Justice
Roberts said:
To recite the contents of a tele-
phone message in testimony before
court is to divulge the message. The
conclusion that the act forbids such