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68TH CONORESs HOUSE OF REPRESENTATIVES REPORT
Od Session No. 1277
PROBATION SYSTEM IN UNITED STATES COURTS
FEBRUARY 4, 1925.-Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. GRAHAM, from the Committee on the Judiciary, submitted the
following
REPORT
(To accompany S. 1042]
The Committee on the Judiciary, to whom was referred S. 1042,
after hearing and consideration, report favorably thereon and recom-
mend that the bill do pass. The bill is practically indentical with
the bill H. R. 5195, reported favorably by the committee on April
1, 1924.
The purpose of this bill is to provide for the establishment of a
robation system in the Federal courts. Prior to the so-called Kil-
utts case, rendered in December, 1916, the district courts exercised
a form of probation either by suspending sentence or by placing the
defendants under State probation officers or volunteers. In this case,
however (Ex parte U. S., petitioner, No. 11, original), the Supreme
Court denied the right of the district courts to suspend sentence.
In the same opinion the court pointed out the necessity for action by
Congress if the courts were to exercise probation powers in the future.
The language of the court is as follows:
So far as the future is concerned * * * recourse must be had to Congress,
whose legislative power on the subject is, in the very nature of things, adequately
complete. (242 U. S. 52.)
Since this decision was rendered, two attempts have been made
to enact probation legislation. In 1917 a bill was favorably reported
by the Judiciary Committee and passed the House. In 1920 the
Judiciary Committee again favorably reported a probation bill to
the House, but it was never reached for definite action.
If this bill is enacted into law, it will bring the policy of the Fed-
eral Government with reference to its treatment of those convicted
of violations of its criminal laws in harmony with that of the States
of the Union. At the present time every State has a probation law,
and in all but 12 States the law applies both to adult and juvenile
offenders. (Hearings, p. 12.)
In the District of Columbia the probation system is authorized
in all the courts.](ViewImageLocal?handle=hein.beal/bspu0001&div=1&collection=&method=preview&ext=.png&size=3)