Speech #640069943

I will say to tile gentleman that the best practical argument in favor of my amendment is the fact that where a jury know that there is a fairly high minimum penalty they will hesitate to convict. Now. for instance. page 32. line 25. providesThat any person * * who shall * * * impede * * * any immigration official or employee in the performance of his duty under this act * * shall be punished by imprisonment for a term of not less than six months * * or by a fine of not less than $200. The way to construe a statute is by what could be done under it. and this menIs that if a laborer employed in the Immigration Bureau was wheeling baggage along a wharf at Ellis Island. and a man should trip him. or anything of that sort. he would be impeding an ilnmigration employee in the discharge of his duty. there would be no defense. he would have to be convicted. and this would require him to be punished by imprisonment for not less than six months. or by a fine of not less than $200. Now. that means that unless an offense is pretty serious the man will not be convicted at all.