10,097

1

a very very large percentage, and it is a very useful

2

thing, because as I say, people can get to trial quicker,

3

rather than stay in fail, and it avoids the great

4

load and burden which would otherwise be placed upon the

5

grand jury.

6

I want to preserve that system. I want that

7

perfectly clear, with such improvement as may be made frpm

8

time to time, but by adopting this language, which is

9

lifted out of the federal Constitution, applicable to

10

federal cases, and not to state cases, because this is one

11

part of the federal Constitution which has not been hel$

12

applicable to the states, that by lifting that, you may

13

put or lift some of the gloss that has been put on that,

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namely, that the accused has a right to indictment which

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he cannot waive, just as he is not permitted, I believe,

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to waive jury cases in the fedaral courts.

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That system, which is based on relatively a

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small number of specialized statutory crimes, such as the

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Mann Act, for example, and some others, and does not

20

cover the whole gamut of common law crimes which exist

21

at the state level, has been set up on a very different