Evening star., 1941-05-08
Jackson Requests
Uniform Sentences
In Sabotage Cases
Attorney General Fovors
Seven Years for Officers,
Five for Guilty Seomen
By ]. A. FOX.

LII dll Unusual AloNC nllol otll-
eral Jackson today recommended
that Federal courts assess uniform
prison sentences on foreign seamen
found guilty of sabotaging their ves-
sells, recommending seven years for
responsible officers" and five years
for seamen.
We do not consider fines to be
appropriate Attorney General
Jackson said in telegram to
Charles Rouse, assistant United
States attorney at Wilson, N. c.,
where 10 of the officers and crew
of the damaged Italian steamer Vii
larperosa were convicted yesterday.
Similar kilograms are to be sent to
other Federal Jurisdictions where
German and Italian seamen are
under charges as soon as cases have
reached the sentence stage. it was
said at the department. officials
believed the proposal for uniform
sentences over such a wide area was
probably without precedent in Fed
eral criminal law enforcement.
Seeks to Avoid Discrimination.
In the telegram to Mr.. Rouse, Mr..
Jackson gave this explanation for
the unusual steps the department is
taking:
While these offenses are individ-
ual. the group of cases pending in
different districts are substantially
uniform If the effect of sentences
should be to discriminate between
Italian nationals and the German
nationals or between nationals of
any one government in similar sta
tions of authority, it would be pretty
certain to be misunderstood In
countries not familiar with our sep
aration of executive from judicial
powers.
1T Is probably impracticable for
the several judges before whom
these cases are pending to confer,
and hence. in an effort to avoid any
unintended determinations result
ing from different actions in the
several districts. this department
respectfully desires to make recon-
mendations as TO sentences in these
cases. 1t is our recommendation
that the responsible officers in each
group be sentenced to imprison-
ment for a period of seven years and
that the seamen be sentenced for a
period Of five years. We do not con-
slider fines to be appropriate"
The maximum sentence is 20 years,
and $4,000 fine.
Reassures Trial Judges.
Mr.. Jackson asked that the trial
judge be assured that the depart
ment has mo thought of encroach-
ing on the discretion permitted by
law to his own judgment, but We
are confident that he would desire
to be Informed Of all the considera-
tions involved in these cases and to
have before him the recommended
tions of the Government in a diff
cult international situation"
Immediately after dispatching the
telegram to North Carolina the de-
partment prepared to send similar
instructions to Jacksonville, Fla,
where go convictions were returned
today.
The Attorney General told Mr..
Rouse the department is seeking to
prosecute only individuals actually
participating in Axis sabotage and
officers in responsible positions.
Our action against German or
italian Seamen has not proceeded
upon any theory of constructive
guilt because of mere membership
in the crews or presence upon the
ships" he continued. Hence, each
convicted defendant is found per-
sonally guilty of a serious violation
of a law enacted many years ago
and which is well known to the
shipping world"
Cites Larger Offense."
The Attorney General added in
this connection that it is recog-
nized, ''of course, that the guilt of
these individuals is included in a
larger of1ense against American
sovereignty by the foreign govern
ments involved. We must also
recognize that such larger offense is
not justifiable in our courts. In
the absence of amends, or offers
through diplomatic channels to
amends, the vindication of our laws
must rest upon the penalties ex-
acted of those who did act within
our jurisdiction.
Something more than 200 seamen
are believed to be involved in the
sabotage charges throughout the
country.