Evening star., 1960-11-10
BY PHIL THOMAS
star star Writer

SW6T 10 CHc pTOUleIl VI III uS
addiction lies in medical and
rehabilitation treatment and
not severe, mechanical prison
sentences which frustrate rath-
er than facilitate rehabilita-
ton"
Judge Schweinhaut said the
Narcotics Control Act is bad
legislation, conceived in fear
and born Of anger" that gives
Federal judges no discretion to
deal with cases where a con-
victed drug offender. in the
interests of justice. might be
better put on probation or pa
role rather than given a set
period in prison.
These objections have raised
the question of whether the ap-
proach of the Federal Mar
cotics Control Act is the best
way to eliminate the criminal
drug traffic.
Wayland E. Speer, assistant
commissioner Of narcotics, be-
lieves the act has been effec-
tive because it has given mar
cotics offenders a stern warn
ing that they can expect little
sympathy from the courts.
And he points out that those
States, such as Ohio, which
have adopted laws similar to
the Federal act have cut down
markedly on the narcotics
traffic.
Addict Total Drops
Mr.. Spear cites statistics
prepared by his bureau which
show that between the end OF
December, 1858, and last Sep
tember 80, the number Of
known drug addicts reported in
this country dropped from
6.Z66 TO a. ,o4z.
He added that in the District
there were 1905 reported ad-
diets two years ago, but
that this number had dropped
to only 521 by the end Of last
September.
Mr.. Spears recalled that the
Federal act was passed unan-
imously by Congress after in
vestigations Of the Nations
growing narcotics problem by
both Senate and House COM
mittees.
The law provides minimum
mandatory penalties Of five to
20 years for a first offense and
10 to 40 years for a subsequent
offense. There is no suspended
sentence. no probation or pa
role that may be granted under
provisions of the law.
Last July the judges Of the
Ninth Judicial Circuit met to
consider the narcotics act,
among other things. at meet
ing of their judicial conference
in Glacier Park, Mont.
They adopted a resolution
referring to the "inflexible ap-
proach" of the 1856 law and
created a committee to study
"a more constructive approach
to control of narcotic drugs"
This committee will report back
next year.
Abuses Recalled
Judges in the Federal judi
cial system who are in favor of
the narcotics act recall that
for too long there were too
many Federal jurists who
"abused their discretion" in
providing light sentences for
too many narcotics offenders.
Admitting that the present
provisions of the law do not
provide much leeway. many of
them go along with the posi-
ton that this is a natural re-
suit of too many year Of rela-
lively light sentences in too
many narcotics cases by too
many judges who did not un-
derstand the gravity of the
growing drug problem.
However, there are those
both in and out of the judiciary
who suggest that inflexible law
enforcement may have helped
create the problem with which
narcotics agents and the courts
are struggling.
Judge Henry w. Edgerton of
the United States Court of Ap-
peals here has challenged most
figures which purport to show
how many narcotics addicts
there are in this country.
In a statement last April to
q sentencing institute held here
by judges, Judge Edgerton
quoted figures supplied by the