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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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Prof. ..sley, pg oe lem, Crime is fairly well organized. In all large cities and in many smaller ones,there are criminal groups or gangs, and above them the criminal leader. Many of themare ex-convicts. Most of them are lmown to the lecal authorities,and their habitations and hang-outs are. .. known, I haven't time to discuss methods of crime detection, nor do I possess any special knowledge on the subject, but I believe a cen=- sus ef the criminal element could be taken, and a record of their Places of abode and usual haunts could be mde ami placed in the hands of acontralizsed secret polica agency,unier the direction ef Federal men, with the aid of local police md detective forces, so that the movements of these men could be checked amd watched immediately after the commission ef a crime ef the character mentioned, md their pres- ence or absence from their usual hannts would furnish a key in many eases to the solution of the crime by narrowing dom the number of suspects. If criminal gangs are to be hroken up, some plan mst be zdopted under which each gang will be under the constant surveilance of some fsecret police agency, This proposal does not contempdate the the exercise ef ordinary police duties by Federal men, but is made upon the assumption that a limited nmimber of Federal detectives with the aid of local police forces will be able to do such work without intruding upon the ordinary functions ef the local police. ) At the tims of ny investigation ef the subject,I did net anticipate the additional pewers that might accrue te the Fedoral Government under the recently enacted emergency measures,auch ag the NIRA and the various industrial codes, which have undoubtedly enjapged the scope of Federal police supervision.I did,however, con= sider the reverme lawa and postal regulations as the basia of a lin= ited Federal police authority, but doubted thdravalilability te oe reach the vast majority ef effenses arising solely undor State lays, I was looking fer some provision that would confer authority te cover the entire field of interstate criminal activities, and I believe I have found it in the extradition clause. I do not wish te leave the impression of cocksureness in my conclusions, which may be challenged on constitutional grounds, but in view of previous constructions placed on the extradition clause by the Supreme Court and the serious nature of the present crime situation, I am ofthe opinion that the Supreme Court would sustain the creation of a’ Fed- . eral police ney whose functions would net supersede State author="™" | + ity. Recogni oentzing e superior learning of the President's legal ade | we eee visers,I imow they can coparate the wheat from the chaff in my ideas, and if there is any merit in them, they will be able to utilize the thet which may be practical. Before submitting my own personal conclusions,I want quote | the Conatitution and the extradition Statute,and exeerpts fro res Court (decisions construing the same. This wil add to the length of ~ my letter,but will save time for you,for, if the matters quoted de —— not convince you that the question is worthy of consideration,I de not think 41t would pay you to go further into it. I do not man that my study is exhaustive, but it is sufficient to afford a starting place-- or a atopping place. The axtradition clause is found in Section 2, Article IV. of the Constitution ,and reada as follows: "A person charged in any State with treason, felony or other orime, whe shall flee from justice and be found in another *
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