Detroit evening times., 1943-04-09

TentacIe to Seize Judiciary
THE already opheayy Of federal bureaucracy uni
yersay recognized as deterrent to the war effort and as an
moved expand and pepeuate itself in another field
Tho House Of has received and referred to
its judiciary committee proposing establish within
the department of justice board of corrections composed 10
members appointed by the attorney general
The function of the board would be to determine the length
of imposed against criminal upon conviction for
crime requiring sentence of more than year.
other words the which conducts the trial and hears
the evidence testimony entirety and thus best informed
about the case and best qualified to fix Judgment would be super
seded by authority lacking original knowledge of the and
capable of becoming Informed about it only by going the
ground already covered.
BEST board would only duplicate what the existing
\ courts already accomplish.
At worst 1t would enormously increase the factors of
fusion and delay prevailing under the existing system and would
bureau ucativey paid and of long
for that wholly unWaraned and unnecessary purpose
There should be searching analysis by Congress of the
motives behind this astonishing proposal.
WehaV noted with alarm the encroachments the executive
branch of government the functions and Con-
gress
by the executive branch of government the judicial branch
The proposed board would be appointed by the executive
department and responsible ONLY the executive department
The pending act does not require confirmation of the appoint
ments by Congress- required for judicial appointments 1t
does not specify the qualifications for appointment The carac
ter competency and integrity of board created would be
entirely dependent the apponve power subject all the
political interests and Whims of that power
And if should be assumed that the appointments
would always be wisely made and that the judgments of the board
established by the original trial court the fact would still
remain that basic function of the federal judiciary had been
transferred to the executive department fact variance with
and in direct violation of American fundamentals and const
tional processes.
complete independence of the from the executive
department of government the of the American
system of law and justice
The absolute separation Of judicial and executive branches
of government the basic condition of that independence
Once the example set and the facilities and powers estab
shed for rendering of judgments and fixing of penalties
affecting American citizens OUTSIDE THE JURISDICTION OF
THE COURTS there will inevitably be weakening and deteri
oraon of the judiciary and corresponding increase of
tive authority and power.
This obnoxious should be Indignantly rejected by
Congress-
1t is utterly lacking in merit since would not implement
the courts but would only confuse and demoraze them
1t Is conspcuousy and bazeny designed enhance and
expand the executive at the expense the authority
prestige of the federal judiciary
The national interest to be protected proed by
bureaucracy but only by LESS bureaucracy particularly
by total prgng of political bureaucracy suggestion of
1t from the American courts upon which the American people
rely for justice.