Detroit evening times., 1945-03-12
BRIGHTER
SIDE
BY Damon
RunYor

Il were inflicted that most or
those sentences of American
soldiers convicted by court
martial of black market charges
in France would never stand up
under review. ! said the sem
tenceS were, in the main. eXces-
Sive, and for that reason would
be knocked out.
Now ! see that the judge adj
vocates office in Paris is maxi
ing a hot prophet of me with
recommendation for clemency
in behalf of nearly 200 members
Of the 7l6th Railway Battalion
who have been sentenced 10
from one TO so years in the
SneeZer
A special combat unit will be
formed Of the men who receive
clemencY and they are TO prom
ise TO return the money realized
from their black market opera
tionS. The recommendations will
not apply to some of the officers
convicted.
I never have any great fear
of the military not rectifying
errors OF This nature once IL gets
the opportunity of viewing them
quietly 1t is nothing new for
the military courts to 60 of
half-cocked in dealing with
transgressors in time OF war,
and it is not at all surprising
under the circumstances.
Often extreme severity Is
necessary if only for the purpose
of creating impressions, but II
has been my observation that
when the military reviewers get
around 70 weighing up sltua-
ton without excitement they
rarely fail 10 temper their JUS
tice with mercy and common
sense.
IT Is we'll that we get this
L judicial calm, when you con-
template the death sentence
that was hung on chap for re-
fuSing 10 drill, and the life SEN
tence that only recently was
given a Negro soldier 19 years
old for threatening an officer
with a drawn bayonet.
l am not saying that the SOL
dier should not have been Sc
verely penalized but / claim
that life Imprisonment for the
-effehse- comes under the head OF
excessive unless there are more
exaggerated phases OF the case
than were set forth in the press
dispatch.
However. since il is subject
TO review l am not perturbed
lest Justice miscarry in this or
any other military case. II is
civilian Justice and the excess
yivp sentence that i worry
about. The excessive sentence
of the civilian courts is the
curse of our psychological system
and 1 will leave it to penologists
like j. Edgar Hoover if l am
not stating the truth.
I HAVE been encouraged to
4 pursue this subject by many
well known attorneys and a
number of distinguished jurists,
including Judge Claude McCol-
loch of the u. S. District Court
of Portland, Ore. who recalls
that a statement several years
ago by II. G. Wells and other
English pu5licists of their views
Of postwar principles included
the proposition that no sentence
for longer than IS years i'm
prisonment should be passed by
any cour,.
Judge McColloch says he has
been told that it was not un-
common for older judges in the
federal system to impose sem
tences of as much as 20 years
for counterfeiting and that
every now and then he reads
statements in the newspapers
OF sentences of 10 to Is years
being passed by state Judges for
theft of property. which / say
is excessive, though they may
not startle any of my New
York readers.
MY NEW YORK readers are
w accustomed to hearing OF
real haircurling sentences, our
Judges sometimes not only
throwing the book at an Of
fender but hurling the book
case along with il. A New
York Judge can gargle 20 years
like Jerry @rote the note, which
is the same as saying with no
effort whatever.
However. there are signs OF
some reform in this direction.
Senator w. j. Mahoney of the
53rd district has introduced in
the y. Y. Sta Senate a bill
that is recor nded by the
law revision commission to re-
duce the terms of persons SEN
fenced 10 life Imprisonment
prior TO 1922 as second or third
offenders cf first degree rob-
berry or burglary from a maxi
mum % 30 years TO minimum
Of 20 years. less certain time
allowances.
7 HAVE had the impression
4 with reference 10 certain
cases IN New York that the Of
tenders got more than was COM
inc 10 them not because of what
they cid Uul because of who
they were, and since they were
unSavory characters at best, no
one had the tcmerity to protest.
OF course that may not be
oNactly itcticp other if VOL