Medford mail tribune., June 15, 1959, Image 6

MAIL TRIBUNE, Modford, Or.
Men Jar, June IS, 193
The Inquiring Mind
This aerie of articles, on many different subjects,
results' from work by senior students at the school of
journalism at the Unirersity of Oregon. Each is a con
densed Tersion of a full-length thesis written as partial
requirement for graduation at the school.
o :
THE POOR, THE COURTS,
AND THE PUBLIC
DEFENDER .
By Don W. Robinson .
j Clarence Darrow, 67, fa
mous defense lawyer, faced
an audience that filled New
York's Manhattan Opera
House the evening of Sept,
23, 1924. .
A few weeks before, he had
persuaded a Chicago court to
spare the lives of Leopold and
(iLoeb, perpetrators of one of
cook County's most notorious
murders,
This night Darrow was not
pleading at the bar. He was
debating against a distinguish
ed New York judge; Alfred
J. Talley, the merits of capi
tal punishment. In the course
of the debate, Darrow re
marked:
. . I am glad to learn
from the gentleman (Judge
Talley) that if a man is so
poor in New York that he
can't hire a lawyer, that he
has a. first-class lawyer ap
pointed to defend him -
first-class lawyer appointed
to defend him.
Don't Take a Chance
"Don't . take a chance and
kill anybody, on the statement
made by my friend ... As a
rule, it is the poor and the
weak and the friendless who
furnish the victims of the
Dgrrow did a splendid job
that September night con-
vincing the opera house audi-
fice that capital punishment
mas Jk barbarian practice.
But what about his passing
statement? Do the "poor and
thj) weak and the friendless"
really furnish the victims of
thf law?
The old master attorney was
not the only man to think so
And as the result of efforts
by men who have thought as
Tjtrrow did, this country has
seen a slow but continues
movement toward the estab
lishment of a new legal of
ficer, the public defender,
More Equal Justice
The aim of the public de
fender movement is to make
justice more nearly equal be
tween the poor and the rich
accused of crime.
A public defender is an of
ficer of the government-city,
county or state-whose job it
is to defend persons accused
of crime who do not have the
money to hire a private de
fense attorney.
. He is, in a way, an opposite
and equal counterpart of the
district attorney. Both are of
ficers of the state. But the
Job of the district attorney is
to prosecute, to plead the case
of society against the accused
offender. The public defend
er pleads instead the 'case of
the accused, when the ac
cused hasn't financial means
to hire hiswn lawyer.
The public defender "idea"
first gained support . in this
Los Angeles County was first
to establish the office, in
1913. Today that office is
manned by a defender, some
15 deputies, two or three in
vestigators and about five
clerical workers.
In Larger Cities
At present there are public
defenders in approximately 88
United States cities or coun
ties. Most of these places are
on the list of most populous
communities.
What is the case for the
public defender system?
The Sixth amendment to
the United States Constitution
guarantees that "in all crim
inal prosecutions, the accused
shall enjoy the right ... to
have the assistance of Coun
sel for his defense."
In areas where there is no
public defender, counsel for
indigent defendants in state
and federal. courts is provided
mainly through assignment by
the presiding judge of mem
bers of the private bar.
. In the majority of states,
counsel assigned in this man
ner is paid by the state only
in cases of capital crimes.
It has been established that
60 per cent of defendants in
criminal cases cannot afford
to hire a defense lawyer. Most
persons in this group acquire
legal help through the ap
pointment system.
Bar Has Opposed
Bar associations, for the
most part, have held the ap
pointment system to be satis
factory. They have opposed
the public defender system. A
number of individual lawyers,
college professors, judges and
other men in public life have
given support to the public
defender idea, claiming the
older system is inadequate.
Among charges made against
the traditional method of ap
pointing defense lawyers are
these:
The least competent law
yers are appointed. Appointed
attorneys do -not have suf
ficients time or resources to
carry out an adequate invesi
gation for their client. The
bar, particularly in large met
ropolitan areas, has become
more private, has lost its for
mer sense of duty to the pub
lic, and judges have become
just another civic official.
Also, the very size of the in
digent segment of city popu
lations has discouraged many
attorneys who might have
aided poor individuals in a
more leisurely, rural setting.
Denials, Compromise
Reply to these accusations
has usually jcome in the form
of flat denials, or a compro
mise approach. The latter
view holds that faults of the
appointment system can be
remedied without such a dras
tic measure as the establish
ment of the public defender
office.
The question involves both
practical and theoretical as-
ill vmmmmmmmmmmmmm 1
wmmrmmmmm
W$s pk &3 m C-a 1;;-V'
f ft ' V ' ' -: -
MYSTERY BEAR Two cops shot and killed this 250-pound black bear near the
center of the city of Baltimore. Where the bear came from, and how it got into the
city, is a big mystery.
Kentucky Moonshine Industry
Booming Backwoods Business
country about 50 years ago.lpects of the courts and the
Louisville, Ky. -(UPD- The
Kentucky moonshiner may
not be the splay-footed, big
nosed, unshaved character de
picted in cartoons and mov
ies, but he remains very much
in existence today.
No exact figures are avail
able, but there is good evi
dence that the moonshining
industry is booming in the
backwoods s and hill country
just as it sdid 20 years or
more ago, and perhaps is do
ing even better.
Agents of the Alcoholic &
Tobacco Tax Division of the
Internal Revenue Service -
revenooers" -arrested twice
as many moonshiners during
the last six months of 1958 as
they did in the last six months
of 1948.
That was partly because the
IRS was trying harder, but
it also indicated there was
just as much moonshining go
ing on as ever, if not more.
Violations Persist
During those last six
months of '58 agents in Ken
tucky made 145 arrests. They
confiscated -164 stills and
seized 50 automobiles.
No other type of violation
has remained such a presis-
tent characteristic of the
people of the area as illicit
law.. It is dangerous, and for studied only.
practical reasons impossible,
to make a general assertion
as to the need or absence of
need for a public defender.
The situation of the courts,
and the attainment of justice,
varies from city to city, from
state to state. An adequate
study to determine whether
the public defender 'system
should be adopted must, of
necessity, be made on a local
basis. The results must be con
sidered applicable in their spe
cific conclusions to the area
whisky distilling.
As printer's ink seems to
get into the blood of a
journalist, so does the smell
of souring mash and the burn
ing twang of a good shot, of
'shine get into the blood of
the moonshiner.
Records show that many
perhaps 8 out of 10-arrested
on the charge are repeaters.
Some have been arrested five
or six times.
To many of these people,
especially in the mountain
sections, moonshining is a
livelihood, a hobby, an art
and a way of life all in one.
They do not really think of it
as a violation of law, even
though they know It is.
To them, in a land where
the only agriculture is sub
sistence farming and the only
industry is digging coal deep
in the dark channels of a
mine, moonshining is a must.
Risk Consequences
Do they know they will be
caught? Of course they do.
But they're willing to risk the
consequences in match ing
wits with the law to live life
as they like it.
One reason moonshining is
not dying out is the continu
ing economic depression of
the mountain areas. Many
small coal mines have been
closed down, and many min
ers are out of work. They can
either leave their homes and
the land they know in favor
of a Northern industrial city
as many of their young folks
do, or they can turn to moon
shining fqr cash as their fath
ers did before them.
Eastern Kentucky m o u n
taineers are friendly and
hospitable souls except to
those prying into what is
considered none of their busi
ness. Not so long ago there were
many parts of Kentucky
where the automobile had
never been seen. Revenuers
were strangers, and when
they came snooping around,
they ran a good chance of
being shot at.
There are still a few such
localities, but for the most
part the constant push by the
officers against illicit distill
ing has brought a better un
derstanding, or maybe it's
fear, to the moonshiners.
Added Penalties
Agents now are seldom
fired upon, because the moon
shiners know the added pen
alties of having a gun around
the still. In addition, many of
them have become acquainted
with the agents and respect
them.
Sometimes they have even
become friends, each know
ing all about the other, and
playing a good-natured game
of "catch me if you can."
If the moonshiner loses,
he'll shake hands with his
captor, congratulates him and
go along to court without pro
test. One agent who for many
years worked along the Big
Sandy River-the stream that
forms the border of Kentucky
and West Virginia and was
the boundary line in the Hat-field-McCoy
feuds of half a
century ago-tells this story:
One morning he and two
other officers lay in wait and
watched as a father and his
two teen-age sons came along,
fired up their improvised fur
nace and put the still in oper
ation. The agents came out of
their hiding place and arrest
ed all three. v
The father and his sons
watched as the raiders used
axes and sledges to break up
the still, and shook their
heads more in sorrow than in
Deaf, Blind Girl
Gets Diploma
Stockton, Calif.-(DPD-Blonde
Jackie Sennoi Coker, who
has been blind and deaf since
the age of 7, graduated with
honors last night from the
College of Pacific.
The 31-year-old B plus stu
dent received two diplomas,
one printed in braille.
Jackie went blind and deaf
after being stricken with spi
nal meningitis at her home in
Coolidge, Ariz. But her par
ents, who now live in Napa,
Calif.; refused to pamper her.
. At the age of 31, she grad
uated from high school and
started her college career
with the aid of her interpreter-companion
and tutor, Dor
othy Klause.
Jackie completed her stud
ies at College of Pacific in
February to become the
fourth person to earn a col
lege degree under the double
handicap. First to do so was
Helen Keller, followed by
Robert Smithdas and Richard
Kinney.
Since February, Jackie has
been taking graduate work at
the University of California
in Berkeley. Her ultimate goal
is to becomea home teaching
counselor for the blind and
deaf.
anger as the gallon jugs of
"white lightning" were
smashed against rocks and
trees.
The job done, the party
wound its way back down a
narrow mountain path to the
family cabin where the moth
er and daughters had a hot
dinner ready for all hands-including
the agents.
Knowing that refusing a
mountaineer's hospitality is a
deep insult, the agents sat
down to a hearty meal of boil
ed potatoes hominy grits and
corn bread - with a small
glass of "white lightning" for
an appetizer. .
The revenuers are inclined
to be a little less tolerant in
sections where there are more
opportunities fb make a legal
living. One agent in south
central Kentucky reports that
in his 15-county area there
are not more than 10 per cent
of the number of stills there
were a decade ago.
This is because new indus
try has come to the region, the
farming is good, and the IRS
agents have kept up a con
stant drive against moonshin
ing. Attitude Important
Most important of all, the
agent says, is the attitude of
the Federal judge in the area,
because "without convictions,
we cannot combat the moon
shine situation." During 1958,
of all those arrested for
moonshining in the United
States, 27 per cent were not
convicted.
Some of those who are ar
rested and sent to prison
make good use of their time.
They are well behaved and
eligible for parole early. They
also learn a trade in prison,
such as sheet metal work,
plumbing or mechanics.
So, when they come out,
they are able to build bigger
and better stills.
What k The Law?
1 This column is prepared as a public service, by the
Colleqe of Law. Willamette University, Salem, to
explain basic legal principles, not lo provide legal
advice. The reader is cautioned not to apply these cases
to his own problems without an attorney's advice, for
differing facts may change the outcome.
Employer Cannot Unjustly
Enrich by Breach of Contract
Years ago, in North
Carolina, a young man was
hired by a cotton mill at a
stated weekly salary. He ac
cepted the offer of the job
Lafter having been told of the
salary and that there would
be a bonus at the end of one
year for continuous service
throughout the year. After
working for approximately
six months he was discharged
without reason by his employ
er. He was paid for his week
ly services up . through the
date of discharge.
The worker requested that
he be paid half of the bonus
but this was refused. The mill
explained that to be entitled
to any of the bonus it was
necessary that he work for
the full year. The employee
brought a legal action against
the cotton mill seeking half
of the bonus. The court de
cided for the employee, point
ing out that the mill had
breached the employment
and had made it impossible
for the young man to com
plete the entire year. He was
awarded one half of the year
ly bonus.
Courts in Agreement
The courts throughout the
country are pretty much in
agreement in this type of situ
ation where the employer is
the one who wrongfully
breeches the contract.
The problem is considerab
ly more difficult if it is the
employee who wrongfully
breaches. la North Dakota a
laborer entered an agreement
with a farmer promising to
I II m.
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NOW
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ef FORTY YEARS experience.
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thresh all of his grain. He
threshed all the wheat and
oats but refused to thresh the
flax. The farmer refused to
pay him for the work done so
he brought an action seeking
to recover an amount equal
to the reasonable value of his
services for threshing the
wheat and oats. The court
held for the worker permit
ting him to recover even
though he was the party who
has wrpngfully breached his
contractual agreement.
Obligation Implied
This case and the North
Carolina case are both based
on the theory that to refuse
recovery would "unjustly en
rich" the employer at the ex
pense of the employee. The
law takes the position that
no one should be permitted
to retain a benefit that is in
fact an enrichment that he'
does not justly deserve.oThe
law then implies' an obliga
tion on the person holding
such enrichment to make re
stitution by paying the re
asonable value to the proper
party. It . should be pointed
out that the case from North
Dakota probably represents a
minority view of the courts.
Several courts have described
that position as the trend but
are reluctant to describe it
as the weight of authority.
It is interesting to note that
this device of permitting a
person to recover a benefit on
the basis of "unjust enrich
ment" was developed by the
courts and is a relatively re
cent thing. The courts became
disturbed because they saw
many situations where the
Six Persons Killd
In Head-On CraA
Mojave, Calif .-UPD-Si 1
sons, five of them from n
family, were killed SuntlS
night when two cars ci)ah)
headon on a straight striP
of U.S. highway 6 abou)$)
miles north of here.
California Highly fftaaD
officers said the cax$ f
almost welded together tag)
that acetylene torches Vt
used to free the victims 91
included ee injured rijlje
ger, a seven-year-old boy.
The dead were identifies
as Processo B. Subala,$9, of
the China Lake Naval Test
Center, Calif.; Thornton W.
Howard, 28, of Edwards,
Calif.; Howard's wife, Mill
26, and their thr childrfg,
Susan, 8, Cindy, 5, grid 8fe&
thy, 6 months.
The lone survivor,
Howard, was reported i ttj&
ical condition atOthf ff)
hospital at China Lgt$
' Farm produce constituted)
the entire export ttllft t$)
Sierra Leone, West fluritj, e
1928, but only 48 p aftlft tig
the total in 1955, the
er being minerals.
complaining party real 6f)
no remedy and another
was being improperly enritfe
ed" thus prompting tH infg)
tion of a new remedy.
PLANT SAM
15c Plant Clearance)
tedding ilanfj O
Geraniums
Fushias
Others
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