Daniels

George Appell was indicted and convicted on the charge of violating section 39, Criminal Code (18 USCA § 91), in that he abetted and assisted another to bribe a prohibition agent, *336 an official acting for and on behalf of the United States. The ease is now before me on a motion for probation.

The probation law (18 USCA §§ 724-727), is founded upon' humanitarian considerations, and, if administered in the light of the purpose of its enactment, will prove to be of value in the prevention of crime and in the restoration to the ranks of upright citizens of many who, through their ignorance, youth, inexperience, or weakness of will, have been guilty of infractions of the law. From its very nature, however, this law can be easily abused, if courts and officials concerned in its administration allow their sympathies to dictate their actions, with the result that convicted persons shall be granted probation so commonly that fear of punishment for crime loses its preventive influence.

A tendency in this direction has already been observed, and has produced a natural reaction, so that we find that the repeal of this beneficial law is being advocated by students of criminology. If that…