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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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cof. Molty, pa lle . i The test of Vet rrai authority te punish an. :ct that is alse mishable by the State is tRe rehtionship of such act to som Federal ywer.Thus,embexzlement is an offense tit fails within the police power. * the Statesjnevertheless,the Supreme Court has sustained th right of mgress to make embeszlement ef pension money a Federal offeme, because " its reBbtion te congressional pewer over the subject of pensions. (See 8. v Hall,98 U.3.346,25 L.ed.180). The Mann Act affords an example in lich ty motive of the act determines Federal jurisdiction, fer it is it the act of transportatiens but the motive ef the transporter,that - .ves Congress power to impose tm penalty. Se, in the case ef fugitives, + would net be the act ef leaving the State of the crime, but tle purpose * the flight that would give Cengress the right te penalize such eonduct,. - occurs te me that a law intended te prevent the delay and obstruction * Justice by imposing a penalty on those who flee from the justice ef a ate in order te avoid arrest and prosecution is more clesely related te ‘@ power of Congrees over the return of fugitives than is the reh tion tween immoral sexual purposes and the power of Congress ow r commerce ‘tween ths States. At any rate, the rek tion between such Aw and the wer ef Congress should be sufficient to sustain tha imposition of the malty a3 41 reasonable enforcement acte The courts have sucognized the paramount richt and interest of 1¢ demanding State in the enferdemen of iw laws against all violators, id the wital importance of extraditiom te harmonious relations between 1@ States; they have alse recognised the superior and exclusive authori- ' af Ce.erereee S sesaetaae fae the aefoerescmart Af the azn eet tbat ian 3 oe VE WEBRSS UF PAU bee GE UML VGC VA i UO LMU Le De sion; and tle publie is aware that our present inadequate proeedure in tradition is largeky responsible for the growth ef crime. In short ,the iderworld is on top,amd even dietates to lawful businens the payment ef ‘dibute Surely, this establishes the nublice interest and th relation ef 1@ penalty to tm enfercement pewers of Congress. The advanutoge of such a law would be that the tedieus precess * extradition could be dispensed with,The accused could be apprehended 1d returned by Federal agents to amcwer to th Federal charge,in the State tere the offense was committed. At the election ef the Federal authori- . .es,the aecused eould be turned over to the State,te answer te ths charge 1erein, without resorting te extradition.This would net violate any right: > the acoused, for tm fugitive acquires so right through flight. The ‘ficacy ef the remedy would discourage erime by making detection and pres- sution mere certain, If any injustice might result therefrom in any ease mgress could make provision fer its eerrection or avofi ance. I shall no ‘temmt te specify details that might be embraced im the legislation. ‘fer this 24d4itiomal suggestion as a basia upom which a Federal police sency might be founded,and as a measure that would lead te more effective il speedier justice, 7 Assuring you of my personal interest in the werk, I am Very sincerel r : { ‘¢ President Roosevelt mw Assistant Atty. General, J.B.eXeenan D - Senator Royal S. Copeland Senator Bennet* Champ Clark Senator George W. Norris Mr, “aliter R. Mayne,Pres. St.Louis Bar Ass'n.
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