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commission of any crime, if he is unable satisfactorily to account for the possession of the implement." The defendant had been found in the possession of a sledge hammer, ax, and hacksaw. The court interpreted the statute as allowing the jury to presume the existence of an intent to use the instrument for a felonious purpose from the mere fact of possession of the instrument. The court, in reversing the conviction, held that no rational inference of criminal intent could be drawn from the mere possession of tools which "reasonably may he employed" in crime. The court did not reach the question of whether the inference of criminal intent could be drawn from the possession of tools or implements which in themselves give rise to sinister inferences.
Some of the views expressed in this report were stated in substance by U.S. Attorney Acheson when he appeared before a subcommittee of the House District of Columbia Committee on May 6. However, I hope this written presentation of them will be of further assistance to the committee in its deliberations.
The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the administration's program. Sincerely yours,
NICHOLAS DEB. KATZENBACH,
Deputy Attorney General. (Whereupon, at 12:10 p.m., the subcommittee concluded the hearings.)
TO PROVIDE FOR THE REGULATION OF THE BUSINESS OF
AND FOR OTHER PURPOSES
MAY 2, 1963
Printed for the use of the Committee on the District of Columbia
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1964
HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA
JOHN L. MCMILLAN, South Carolina, Chairman THOMAS G. ABERNETHY, Mississippi JOEL T. BROYHILL, Virginia HOWARD W. SMITH, Virginia
JAMES C. AUCHINCLOSS, New Jersey WILLIAM L. DAWSON, Illinois
WILLIAM L. SPRINGER, Illinois JOHN BELL WILLIAMS, Mississippi ANCHER NELSEN, Minnesota ABRAHAM J. MULTER, New York
ALVIN E. O'KONSKI, Wisconsin JOHN DOWDY, Texas
WILLIAM H. HARSHA, Ohio
FRANK J. HORTON, New York
JAMES T. CLARK, Clerk
HAYDEN S. GARBER, Counsel
SUBCOMMITTEE No. 2
THOMAS G. ABERNETHY, Mississippi, Chairman JOHN DOWDY, Texas
WILLIAM L. SPRINGER, Illinois FERNAND J. ST GERMAIN, Rhode Island CHARLES MCC. MATHIAS, JR., Maryland JAMES W. TRIMBLE, Arkansas
WILLIAM H. HARSHA, Ohio B. F. SISK, California
ALVIN E. O'KONSKI, Wisconsin G. ELLIOTT HAGAN, Georgia
UNITED STATES OF AMERICA
H.R. 4200, a bill to provide for the regulation of the business of selling
securities in the District of Columbia and for the licensing of persons
engaged therein, and for other purposes--House committee staff memoranda--
Life Insurance Co-----
Calvert, Gordon L., assistant general counsel
Nees, Bernard, chairman, Washington Legislative Committee_
Brown, Alexander, Washington regional office.
Michaely, George, special counsel..
61 61 86
38 38 38 38 76
36 153 29
MATERIAL SUBMITTED FOR THE RECORD Association of Casualty & Surety Companies : Marsh, David M., assistant
counsel, letter dated March 27, 1963, to Chairman McMillan.--. Better Business Bureau of Metropolitan Washington :
McCarthy, Leland S., managing director, letter dated May 2, 1963, to
Resolution of March 27, 1961.
Letter dated May 17, 1963, to Chairman Abernethy-
Complete statement submitted for the record..
May 2, 1963, to Chairman McMillan---
Bryan, Irving, Assistant Corporation Counsel : Separate statement,
dated July 15, 1963 (appendix)----
February 25, 1963, to Hon. John W. McCormack, Speaker, U.S.
House of Representatives, enclosing draft of proposed legislation---
July 22, 1963, to Chairman Abernethy (appendix)-
Excerpt from, re securities regulation ---
under the Maryland Securities Act---
Price for Purposes of Certain Manufacturers Excise Tax”----