Evening star., 1942-03-11
ID. T.. B|ackout Act
Upheld in Report
To Bar Association
ForcibIe Entry and
Commissioner Powers
Backed by Lawyers

Declaring the District of Columbia
Blackout Act to be constitutional, a
special committee of the District Bar
Association last night pronounced
the law "a valid exercise OF congress
sioral power"
This position was formally laid
before the association, In session at
the Mayfiower Hotel, through a
comprehensive report said to be the
first of its kind in the United States
interpreting the constitutionality
and legal status of such an act.
One of the principal justiflcations
for the law, it was pointed out, is
that Government must provide for
the common defense"
OF particular Importance to every
business and home in the city was
the committees declaration that
police. including special police
recruited from the ranks of citizenry,
may forcibly enter premises without
a search warrant to enforce lighting
regulations.
Special police, the committee
thought, should be given further
protection by additional legislation.
To Weigh Wardens' Role.
Powers of AFRAID wardens were
specifically exempted from consider
alton by the committee in this first
of its reports. Problems concerning
the wardens will be discussed later,
at length.
The report was submitted by
Arthur P. Drury for the committee,
which consisted of Hugh H. Obear,
chairman: Carroll L. Beedy, Chester
H. Gray and E. Barrett Prettyman
and James c. Rogers, president of
the association
Justice Jesse C. Adkins of District
Court discussed Speeding Up Jury
Trials" and there were other reports
to the association.
Explores Power.
Referring to the provision that the
blackout authority conferred is con-
fined to "a state of war" the COM
mittee goes into a clear statement
os what it believes are the powers
of the Commissioners:
ITO our minds" reads the report
the current condition of war as
making part OF the equation of rea-
sonableness whereby to measure and
determine actions. should enter just
as much into the action of the Com
miSSioners under the authority con-
ferred as it does into the action of
Congress into comforting that au-
thority. And we cannot think that
by the authority given to make reg
ulations for the blackouts Congress
meant to do anything less than have
the Commissioners provide fully for
the conduct and enforcement of
those blackouts in every reasonable
way-which seems beyond much
doubt to include entering private
premises by force when necessary to
without which those rules in most
important respects would 60 for
naught.
Accordingly, continued the re-
port, I'VE have failed to find that
the Commissioners exceeded the
authority with which Congress in
tended to clothe them when they
authorized all police officers and
special police officers under the
circumstances specified to enter and
to force entry on premises
Justice Adkins submitted many
recommendations, in semihumorous
vein, as to how lawyers and judges
might speed up jury trials. He pro-
posed more visual aids to under
standing, such as photographs. maps.
plans, or even models, and thought
an amplifying device to increase
the voices of witnesses would be
helpful.
Urge Salary for Referees.
The Committee on Bankruptcy
recommended that referees in bank
ruptcy be put on a salary basis in
stead of fee basis. for more secur-
ity of tenure in office.
The association rejected a pro-
posal championed by Guilford Jane
son which would have recommended
to the court that Government attor-
neys of five years experience in in
depreciation and administration of
the law be qualified for admission
to the District bar, regardless Of their
experience in actual practice. On mo-
ton of Harryman Dorsey the asso-
citation adopted a proposed rule
which would require an applicant to
have been engaged in the practice
of law for a period of five years.
The recommendation goes to Chief