General parole reform, taking many criminals and potential criminals out of circulation and preventing parole for repeated offenders and continuous parole violators. Elimination of suspended sentences for second offenders.

Court and jury reform, including protection of witnesses, complete presentation of facts, elimination of obstructing technicalities, two thirds vote by juries for conviction, unanimous vote by juries for conviction preventing appeal, speedy trials, prescribed minimum bails, as well as the other reforms which have been recommended by State and national committees following extensive surveys.

Extended interstate relations, including the facilitation of extradition and temporary vestment with authority of out of State investigators.

Extension of penalties to the preventative degree, including multiplication for habitual criminals and armed criminals, as well as the classification as capital crimes of all heinous crimes.

Extension of scientific police operation, including the establishment of Federal criminal laboratories, available to all police departments, and Federal experimentation stations in police radio, teletype, and other forms of communication, with Federal aid in the establishment of such equipment in State and local police departments.

Federal collection, evaluation, and distribution in confidential or public form of police information. This would be in the nature of a Federal criminal-information bureau, gathering crime statistics throughout the country and giving timely and comprehensive information to interested police departments of the characteristics, methods of operation, most recent activities and movements, and anticipated activities of all known criminals and organized bands of criminals engaging in racketeering, crimes against the person, crimes against property, and other major crimes.

Federal participation in the investigation of all major crimes involving interstate activities on the part of the criminals, and the opportunity to present such criminals for trial before Federal courts. Regulation of industrial activities to prevent acquiescence to the demands of racketeers, and to prevent the organization of small legitimate enterprises into groups by racketeers.

Education of the public by lectures, newspaper articles, and the distribution of pamphlets as to what constitutes cooperation, and as to the duties of citizenship in the support of organized authorities. In the foregoing recommendations careful and extensive consideration has been given to the principles of State rights and it is believed that no infringement or abuse is even vaguely suggested. The design is one for coordination and cooperation with a centralization of those features which need comprehensive compilation and distribution without in any way usurping local prerogatives. Each of the recommendations made can be extensively discussed and amply justified, however, it has been my intention to present concisely, essential elements without digressory explanation of justification.

It

In conclusion, let us recognize the sweeping advance being made under the National Recovery Act and let us at the same time recognize the close association of police departments with this move. is our duty as public servants to pledge ourselves to cooperation with our brothers in the service, be they Federal, State, or local

enforcement officers; to pledge ourselves to serve the security of our citizenry; and to pledge ourselves to advance the welfare of our Nation. Therefore, it is finally recommended that a code of ethics and procedure be prepared for all police departments and that we subscribe to this code under the regulation of the NRA and that we conscientiously adhere to this code and march shoulder to shoulder with our fellow citizens to success under the Federal Recovery Administration.

The CHAIRMAN. I thank you for your consideration and the views. you have presented to the committee.

Do you mind if I ask you one question? Do you regard kidnaping as a crime which is likely to be interstate in its nature-a crime in which there should be Federal legislation?

Colonel SCHWARZKOPF. Senator, I believe the general attitude of my police departments is that they are very anxious to arrive at the solution of a crime with which they are confronted. They are very glad to avail themselves of all facilities which will lead to that solution. My recommendation is for a Federal criminal laboratory, one that will meet the approval of all police departments. The CHAIRMAN. Does the Department of Justice have one now? Mr. KEENAN. There is such a one in Washington.

The CHAIRMAN. That is, it is important to turn to that department for analysis, for chemical work, and all kinds of technical work?

Colonel SCHWARZKOPF. I do not mean the one in Washington, but Federal criminal laboratories that are created in various parts of the country where they would be immediately available to the police departments.

We need a Federal crime information bureau, bulletins on the movements of known criminals and banded criminals when they come into our territory.

When we are confronted with the major crimes, I am sure the police departments would be glad to have specialists from the Federal Government come in to cooperate and assist in the solution of those crimes. Wherever any interstate feature enters where a local department handling the crime would not have the authority to go on with the investigation, I am sure they would be glad to turn everything they had over to the Federal department and assist them in the solution of the crime.

Police departments are not looking to make arrests or an impression, or anything of that kind. They are looking to solve crimes. That is the work they are involved in and anything we can get to assist us along that line we will be delighted to receive.

The CHAIRMAN. I am glad to hear you say that. Referring once more to kidnaping and to what has been said of the radios and high-powered cars and the airplane until the particular crime is ultimately solved, there is always a reasonable doubt as to whether it is or is not interstate?

Colonel SCHWARZKOPF. Yes, sir.

The CHAIRMAN. Then I assume that many of the kidnapings are the work of professionals where the Federal Government has a farreaching influence and might have information of such gangs operating elsewhere. The professional element enters into it?

Colonel SCHWARZKOPF. Yes, sir.

The CHAIRMAN. Is it probable that many of the kidnapers are prominent criminals? Those we have heard of lately have been the work of professionals?

Colonel SCHWARZKOPF. A matter of that kind I think would require the opinion of the departments which have acted on the kidnaping in question. There are various things and when you are off for some evidence and you do not have the actual facts in the case before you, it is difficult to make a competent decision, whether it is carried on by criminals or amateurs, and I would not attempt to presume, from the reports that we get without official information on the subject, to make any decision along that line.

The CHAIRMAN. Would you consider it proper to express an opinion with regard to the Lindbergh case?

Colonel SCHWARZKOPF. No, sir.

The CHAIRMAN. Are there any other questions?

Mr. DARU. Are you or are you not in favor of a Federal police, popularly being referred to as an American Scotland Yard? Do you feel the creation of such a unit to work with and help the States is important, or do you think it ought to be relegated to Federal crime representatives as you referred to, and bureaus of identification, or do you think you are in favor of Federal police?

Colonel SCHWARZKOPF. I think I covered that when I told you how anxious we would be to have Federal enforcement officers to come in and work with us and cooperate with us on all major programs.

The CHAIRMAN. You want to follow it by having them come from the State?

Colonel SCHWARZKOPF. Yes.

The CHAIRMAN. Thank you, Colonel; we are very much obliged

to you.

We are very fortunate here in that we have with us Prof. Raymond Moley. He has made a lifelong study of crime and criminology, and has been very helpful to assist generally, and is being helpful now to the Federal Government. We will be glad to have Professor Moley say what is in his heart, whether his statement is a brief one or a long

one.

STATEMENT OF PROF. RAYMOND MOLEY

Prof. RAYMOND MOLEY. It is a great pleasure to be here to listen to Senator Copeland's hearing. This hearing is of enormous value in getting together the opinions of those who are most competent to offer opinions on this important subject.

I was particularly interested in the suggestions made by the various former and present commissioners of police here in New York and New Jersey and Connecticut. I want to have it made clear that the Federal Government is, through Senator Copeland's committee and through Attorney General Cummings, attempting to bring together the best information there is on this subject.

Attorney General Cummings has started by adding Mr. Joseph B. Keenan to the staff of the Department of Justice. All of the agencies of the Federal Government are thus enlisted in this program, and I am here to listen to the suggestions offered and to think them over and consider them, and talk that over with Senator Copeland and the Attorney General. That is about all I have.

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The CHAIRMAN. Thank you very much.

We should now like to hear from Mr. Hugh McQuillan of the Intelligence Department of the Government. He succeeds in getting men into jail because of violation of the income tax laws and he may be able to give us some information that will let us know how to get them into jail when they have just committed crimes. glad to hear what you have to say, Mr. McQuillan.

STATEMENT OF HUGH MCQUILLAN

We will be

Mr. HUGH MCQUILLAN. Racketeering has its origin, I believe, in the profit in it. The way we have been going at it in a small way is by trying to take that profit away from the racketeers by means of income taxes. If you can take the profit away, there will be no more racketeering.

I think, Senator, the only practical suggestion I would make, and that will require a constitutional amendment, would be to require the prisoner to subject himself to cross-examination by the district attorney and if that cannot be done at least the United States attorney or the county district attorneys should not be forbidden or restricted to comment upon the fact that the prisoner did not take the stand. The CHAIRMAN. That would be a change in the State law, would it not?

Mr. MCQUILLAN. Also in Federal law.

The CHAIRMAN. There should be a widening of the Federal law in that respect?

Mr. MCQUILLAN. I believe both the Federal and State law should be changed so that the prisoner would be required to subject himself to examination.

The CHAIRMAN. One thing that is troublesome to the committee is the suggestion or hidden feeling that there is antagonism between Federal and local officials. Would it be proper for you to say whether or not you have been embarrassed in the operation of your function by failure of cooperation by local officials?

Mr. MCQUILLAN. There is jealousy in all services, but from more than a quarter of a century of experience in prosecutions, I have found 90 percent cooperation, I would say, between the local and the Federal authorities.

The CHAIRMAN. Have you given any thought yourself to the idea of the American Scotland Yard, to use the term in the accepted sense? Mr. MCQUILLAN. Not until it came up in your discussions here, Senator.

The CHAIRMAN. You have no formulated opinion on that subject? Mr. MCQUILLAN. I would say offhand that I would rather be inclined to feel that it would not work out.

The CHAIRMAN. Because of these jealousies that you mentioned? Mr. MCQUILLAN. Jealousy, for one thing, and you would have to have such a large force because so many different kinds of crimes come up. We have to have a great many men ready to cooperate with the local authorities-men familiar with different crimes and different types of crimes.

The CHAIRMAN. Let us take the crime of racketeering. I would not say that of kidnaping, because that is a little out of your line.

Mr. MCQUILLAN. I did some work on quite a famous case recently.

The CHAIRMAN. That is a crime which, until it is solved, it is unknown whether it is a Federal crime or not, isn't that correct? Mr. MCQUILLAN. That is correct.

The CHAIRMAN. Is or is there not in your opinion any reason why the Federal Government should participate in the solution of that crime?

Mr. MCQUILLAN. I think the Federal Government should participate in that crime.

The CHAIRMAN. In every instance where there is kidnaping?
Mr. MCQUILLAN. In every instance.

The CHAIRMAN. You mean, perhaps, because of the misuse of the mails or the crossing of a State line?

Mr. MCQUILLAN. Any fact which it should be called upon, that might be used.

Mr. DARU. It is a fair presumption that the Government is not going to get its income tax on the ransom. You could look into it if you wanted to be on the technical side?

Mr. MCQUILLAN. Yes; if we wanted to be technical.

The CHAIRMAN. Have you ever had any income tax on ransom? Mr. MCQUILLAN. We collect tax from criminals from money obtained in violation of law.

The CHAIRMAN. You got some from Al Capone?

Mr. MCQUILLAN. Yes.

Professor RUSSELL. You feel it is proper to express an opinion whether the average crook is more afraid of the Federal Government than of the State?

Mr. McQUILLAN. He undoubtedly is.

Professor RUSSELL. Why is that?

Mr. MCQUILLAN. Because of one good reason; the Federal Government brings its jurors from a wider area.

Professor RUSSELL. They are a higher type of juror?

Mr. MCQUILLAN. I would not say a higher type.

Professor RUSSELL. A very high type?

Mr. MCQUILLAN. They do not come from such a limited community that they are able to be reached or affected by the individual. Professor RUSSELL. Are there any other reasons?

Mr. MCQUILLAN. I do not recall any offhand.

The CHAIRMAN. You think that the average criminal is more afraid of the Federal Government than he is of the local government? Mr. MCQUILLAN. I just answered that, Senator; I believe he is. The CHAIRMAN. Will you tell us again why that is?

Mr. MCQUILLAN. My answer is that the Federal jurors are brought from a wider area. In the district we are in now they come from 10 counties instead of 1.

The CHAIRMAN. They are away from the local influence?
Mr. MCQUILLAN. Correct.

The CHAIRMAN. I am very much obliged to you.

I am glad we have with us today Warden Lawes. He is well known to us as the long-time warden of Sing Sing. Beyond that his social instincts and his interest in society-all these have endeared him to the people of our State and to the country I am very happy that he is here. I am particuarly anxious, as a member of the committee, to have him present his views regarding the severity of the penalties