Evening star., 1950-03-03
Probers Study
.Loopho|es on
Small Penalties
Fay Promises Detailed
Set Of Proposals to
Remedy Legal Defects
By Miriom Gutenberg
ond J. Theodore Crown

oHu ). IneoQOTe SrOWn
Loopholes in the law that let
criminals escape with meager
punishment were being studied
today by Congressional crime in
vestigators.
United States Attorney George
Morris Fay has promised to give
the House District subcommittee
investigating crime detailed set
Of proposals to remedy legal
defects.
Meanwhile. he highlighted these
law enforcement problems before
the subcommittee yesterday:
A man may threaten to "cut
the heart out" of another person
and face nothing more serious in
court than a $500 peace bond
on which he pays premium Of
$25.
An abortionist who performs a
fatal operation faces a maximum
penalty of 20 years in prison,
although deaths resulting from
some other felonies results in tho
death penalty or life imprison-
ment.
Law Permits Knives.
Although switchblade knives
are among the most dangerous
weapons, they may be carried
without fear of punishment under
the present laws covering possess
sion OF deadly weapons.
A prowler or sneak thief who
enters an unoccupied house can
not be punished under the un-
lawful entry statute because the
courts have ruled the statute
covers only cases where the lawful
occupant of the house is there to
object to the entry.
AS the law stands now, a per-
son may borrow a coat and pawn
1t or rent a car and make off with
1t without risking punishment
under, the larceny after trust
statute.
Mr.. Fay proposed study Of all
these laws so they can be
amended to cover contingencies
not thought Of when they were
written. He also urged study Of
the laws covering the receiving
OF stolen property. perjury and
firearms. For the latter, he sug-
gested some form OF legislation to
register firearms. -.
Criticizes Fines.
The prosecutor outlined for the
committee the difficulties sur
rounding prosecution of gambling
cases. He cited Supreme Court
decisions on the legality of ar
rests in gambling cases and criti-
cized sentences that let gamblers
off with fines.
In gambling cases, he testified.
the Supreme Court has taken the
attitude that gambling goes on
every day and. if police spot a
gambling setup. they have time
to get a warrant and come back
the next day to make their arrests.
1t was brought out that, during
the past fiscal year. when there
were 100 gambling convictions.
only A offenders drew prison
terms. 56 were given probation or
suspended sentences and II were
fined.
Asked to comment on these dis
positions. Mr.. Fay said:
II think the only way gambling
can possibly be controlled is
through the imposition of Jail
sentences"
The levying of fines was de-
scribed by Mr.. Fay as merely .
license" to gamble and a very in
license at that.
In answer to questions about
the qualifications Of jurors. Mr..
Fay said a juror who had been
OF a gambling misde-
could sit on jury trying
a gambling case.
When Mr.. Fay started making
his proposals for legal reforms
and reached the subject Of
threats. Subcommittee Investi-
gator John Woog was called to
the stand to tell the story of a
man who was free to carry out
his threats against a woman.
In November, 1949, Mr.. Woog
said, warrant was issued at the
request of a woman who charged
the man with assault and threats
On her life. The case was dropped
at the request of the complain
ant, Mr.. Woog went on, after an
assistant United States Attorney
lectured the man.
Later Stabbed Her.
On January 18. 1850, Mr.. Woog
said, the man stabbed the woman,
who incurred serious injuries. In
the mans pocket. when he was
was letter from the
United States Attorneys office,
requesting him to appear to an
swer charges of threats against
the same woman. Mr.. Woog said.
The man pleaded guilty to a
charge of assault with intent to
kill and is now awaiting sentence.
Mr.. Fay told the subcommittee
The only thing his assistants could
do in threats cases is go into
court and ask that the defendant
oe ordered to post a $500 peace
oond in effect for six months.
These bonds, he said, have no
meaning because they cost the
defendant $25, and if he carries
out his threat, it is the bonds