Evening star., 1958-07-01
Bill on Mallory Rule
Neors House Possoge
BY MIRIAM OTTENBERG
star stan Writer

BY MIRIAM
star sta
Leaders Of the fight for legl
Courts Mallory decision toda
when the bill is called up for
morrow.
They based their prediction
of three attempts to amend I'll
hours Of debate yesterday,
There's no question but that
the bill will be adopted over
whelmingly." said Representa-
tive Willis, Democrat Of Louisi-
ana, chairman Of the special
subcommittee which came up
with the legislation after
months Of study.
I'm confident the bill will
sweep throughan decisive fash
ion." said Representative Keat-
ing, Republican of New York,
who had sponsored the original
legislation TO relieve the i'm
pact Of the Mallory decision.
17hioni
Details Sketehed
The House was told the de-
tails Of that decision during
yesterdays debate: The Su-
preme Court threw out the
confession Of Andrew r. NAL
lory, q convicted rapist, on the
ground that he was held too
long-712 hours-between his
arrest and police efforts to To-
cate a committing magistrate.
Mallory subsequently walked to-
freedom from death row.
The proposed legislation pro-
vides that an otherwise admis-
sible confession should not be
ruled out Of the evidence solely
because of delay In bringing q
prisoner before q committing
magistrate.
From the chorus Of nos
when efforts were made to
amend the bill yesterday, It
was apparent that the bill
would pass when it was called
for q vote at 6:10 pm. At that
point, however, Representative
Bow, Republican of Ohio, asked
for a roll call vote. Majority
Leader Mccormack promptly
put on the vote until tomor-
row.
Both legislators had indicated
earlier that they were in favor
Of the measure.
Leaders of the House Rules
Committee Joined leaders of
the House Judiciary Commit
tee-with the exception of Ju-
dietary Chairman Celler-in
arguing for the legislation.
interpretations Emphasized
Attacks on the Supreme
Court were at minimum. In
stead, the emphasis was put on
the interpretations of the decl-
sion, which, the proponents
argued. had made clarifying
legislation necessary.
Leading the opposition,
Chairman Celler brought in the
convictions of Sir Walter Ra-
leigh and the Earl of Essex,
the medieval water cure" and,
other tortures in an impas-
stoned attack on confessions
elected by police.
Mr.. Celler argued that the
police held Mallory because
they wanted to find probable
cause on which to base their
arrest. He charged that Wash
ington police are most inefi-
cient" and are not taught mod
ern methods of solving crimes.
When Mr.. Celler declared
that the proposed legislation
"erodes Constitutional rights. -
proponents Of the legislation
leaped into the fray.
Hits "StOpwatch Justice"
Representative Kramer, Re-
publican of Florida, pointed out
out that Constitutional rights
were not involved either in the
Mallory decision or the pro-
posed legislation. The Mallory
decision, Mr.. Kramer declared,
"degrades our system Of justice
to stopwatch justice"
Both Mr.. Willis and Mr..
Heating emphasized that moth
ing in the proposed legislation
would allow coerced confessions
in evidence. Mr.. Willis said that
If the delay we're prolonged,
that would be a factor in rul-
ing out a confession but the
bill would restore the time
honored test of confessions
whether they are voluntary.
Mr.. Heating said that the
practice in virtually all the
States, at common law and in
England today, is opposed to
the Mallory rule.
THE residents of the Dis
trict have been second class
citizens long enough" said Mr..
Heating. The lease we in Con-
gress can do is to make sure
that they receive the same pro-
lection from lawleSsness as
their neighbors in Maryland
and Virginia and the rest Of
the country"
Representative Mccormack
said defendants can still raise
the question of coerced con-
feSsio1s and If the court was