2076 CONGRESSIONAL RECORD-HOUSE JANUARY 13 Congress in declaring that such and such ..-a thing is a petty HOUSE OF REPRESENTATIVES offense? How is its pettiness determined? How ought it be t1e­ termined? We think the petty offense must be determined by two TUESDAY, JANUARY 13, .1931 , conditions, (1) the ~ature and character of the offense, and (2) The House met at 12 o'clock noon. by the punishment which the conviction of such offense carries. If the violation of a town ordinance that prohibits a man from The Chaplain, Rev. James Shera Montgomery; D. D., crossing a street at a certain point carries with tt a capital punish­ offered the following prayer: ment can that be regarded as a petty offense? Can· the name change the character. of the offense any more than the devoted Direct us, 0 Lord God, to do that which befits us and to young wife awaiting day by day the coming of her first child, do it with cheerfulness and cow·age; thus by high endeavor anxious to give him the name of his father, can change the girl we shall realize our best aspirations. Cleanse _the very baby that arrives to a boy baby by calling him John instead of Sallie? No, it is not the name; it is the character, the nature of thoughts of our hearts, so that obedience to the laws _of the offense that determines, partly at least, whether it be petty truth and justice shall not be just conformity to a healthy, or infamous, but if it 1s found under this rule that a trifling, patriotic devotion to the needs of ow· country. With Thee petty offense in description carries with it later punishment in the penitentiary or jail, or any deprivation of liberty, the offense every weakness.can be made strength and evc;!ry hindrance 1s changed at once from a petty offense to a criminal offense with an inspiration. Thy promises to us are so condescending, the emphasis upon its criminality. In other words, the nature tender, and so merciful. They are as wide as humanity and and character of the offense and the punishment must together as deep as sin and as true as the oath of the Almighty. determine the grade of the . offense. Judge Brewer, in Schick v. United States, supra (195 U. S. 68), Verify them U..'>lto us this day in the name of Christ, our well states the doctrine: · Saviour. Amen. "The truth is, the nature of. the offense and the amount of pun­ ishment prescribed rather than its place in the statutes determine The Journal of the proceedings of yesterday was read and whether it is to be classed among serious or petty offenses, whether approved. among crimes or misdemeanors." In this bill the petty offenses are described as those that may be MINORITY VIEWS punished by a fine of $500 or confinement in jail for six months, Mr. TUCKER. ~ifr. Speaker, I ask unanimous consent to or both. How can such puni&hment in the bill accord with the extend my remarks in the RECORD by printing minority views declaration that these offenses are petty? The boy at the dance, or the girl at the dance, that 1s caught with a thimble of whisky which I submitted from the Committee on. the Judiciary on them may go to jail for six months and be required to pay a involving the doctrine of petty offenses. fine of $500. The farmer who may take a tablespoonful of whisky Mr. RAMSEYER. Mr. Speaker, reserving the right to ob­ or brandy to a dying neighbor may be put in jail for six months, serving from April to October, and pay a fine of $500; will he ject, is this the filing of minority views or a request to have rejoice with untold joy as he rests in jail from seedtime to harv~st minority views printed in the RECORD? when told by his counsel not to fret for he was convicted only Mr. TUCKER. This is a request to have this report of a petty offense? To make the punishment under this bill suit­ printed in the RECORD. able to the offenses charged there should be no imprisonment in the punishment; and this 1s mote clearly seen from the fact that Mr. RAMSEYER. Who signs the minority views? these petty offenses, which are recognized by our Government, at Mr. TUCKER. They are signed by me and concurred in common law, were tried without a jury because not regarded as by the gentleman from New York [Mr. LAGUARDIA]. crimes; but where the punishment results in imprisonment in the penitentiary or jail under our · American systetll it can not be Mr. RN\ISEYER. Just the twp? claimed the offense 1s petty. Judge Harlan in Schick v. United Mr. TUCKER. Yes. States (195 U. S. 95), states the doctrine finely: Mr. RAMSEYER. I have no objection. "And, perhaps, all will agree that; the constitutional injunction The SPEAKER. Is there objection to the request of_ the [the trial of all crimes, except cases of impeachment, shall be by jury, Art. III sec. 2] applies with like force to such misdemeanors 1 gentleman from Virginia? as by statute are punishable with imprisonment, and that a cir­ There was no objection. cuit or district court of the United States is without jurisdiction, Mr. TUCKER. Mr. Speaker, under the leave to extend iny under a plea of not guilty, no jury being impaneled, to try any crime against the United States. involving life or liberty. The 1·emarks in the RECORD, I submit the following minority consent Qf tl1e accused in such a case certainly can not confer upon views from the Committee on the Judiciary involving the the court authority to try the crime in a mode inconsistent with doctrine of petty offenses: the one prescribed by the law." · · - How can any offense be deemed petty that may deprive a man [House Report No. 1699, par·t 2, Seventy-first Congress, second of his liberty for six months by imprisonment in jail, even a com­ session] · mon jail? No time in jail is needed to make the offense infamous, TO A.J."vlEND SECTION 541 OF THE UNITED- STATES CODE for the clank of the jail door as it-clo3es upon him is enough to Mr. TucKER, from the Committee on the Judiciary; submitted make a man of right feeling realize that such an offense means the following minority views (to accompany H. R. 10341): infamy. The nature of the offense and the punishment provided must be properly correlated; there is a natural interdependence {Omit matter within brackets and insert the part printed in italic] between the two that can not be disregarded. To the ordinary man A bill to amend section 541 of the United States Code, being sec- there is nothing small (petty) about- a fine of $500, nor can he tion 335 of the Criminal Code be deprived of his liberty for 6 months and ·be consoled by the "Be it enacted by the Senate and House of Representatives of assurance that if his offense had not been "petty" he might have the United States of America in Congress assembled, That section had 12 months in the penitentiary. No "petty o!Iense" should be [541 of the United States Code, being section] 335 of the Criminal punished by imprisonment. Code [(M?trch 4, 1909], chapter 321, paragraph 335; thirty-fifth HENRY ST. GEORGE TUCKER. Statutes, page 1152 [) ], (sec. 541, title 18, U. S. C.) be amended I concur in above conclusions. to read as follows: F. H. LAGUARDIA. " 'All offenses which may be punished by death or imprisonment ORDER OF BUSINES3 for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors: Provided, That-all offenses Mr. GARNER. Mr. Speaker, I -would like an opportunity, [not involving moral turpitude,] the penalty for which -does not if I may, to query the g·entleman from Connecticut [Mr. exceed confinement in a common jail, without hard labor for a period of six months, or a fine of not more than $500, or both, TILsoN] concerning a report in the newspaper this morning, shall be deemed to be petty offenses; and all such petty offenses and in order that I may be accurate I will read_it: may be prosecuted [before the United States commissioner, as After a day of long, heated debate, Republican Leader TILSON may now or hereafter be provided by law,] upon information. or charged, off the floor, that the Democrats were conducting an complaint.' - adroit filibuster, cleverly concealed, against the bill. "Amend the title so as to read: 'A bill to amend section 355 of the Criminal Code'." Now, Mr. Speaker, I want to ask the gentleman if he mada The object of this bill is most commendable, to relieve the that statement. burden upon the district courts of the United States in the trial of petty offenses under the prohibition law upon information or Mr. TILSON. Oh, I may have made some such remark complaint. To relieve the court of these burdens and the intrica­ in the con-idors of the Capitol somewhere. I do not recall cies involved, of indictments, grand juries, etc., is much to be now. desired, and I heartily agree with tile obj~ct of the bill. Mr. GARNER. Well, was. there any basis of fact for The defect in the bill, to my mind, is its definition of a petty offense. Surely to the ordinary man or woman in the country a that statement? fine oi $500 and · imprisonment in jail for 6 months .