Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1881-11-10

vance proposition to which Bliss
might desire to reply to he would be
permitted to do so. The court then
adjourned.
WASHINGTON, Oct. 4.--The argument
on motion to set aside the criminal
information in the star route cases was
resumed this morning. Bliss addressed
the court IN behalf of the government.
He gave the reason for seeking to file
the information AS follows: The grand
jury had adjourned till October Sd.
and what we regarded as the most inn
| portant and effective overt acts in pur-
suance of this conspiracy, had taken
place on the first; Oct. 9Th il was open:
to claim, therefore, that under the
three years statute of limitations, I'M
less proceedings were commenced in
the court before the lst of October.
1881, they would be barred under the
statute. We We're place in the condi-
ton that if we did not file or seek to
lille an Information, VIC felt we should
not have done GU. duty To the govern
ment We therefore adopted pro-
ceeding by information, subject, of
course, to n motion to set aside.
think we may claim to be here without
being exposed to the denunciations
which we heard yesterday, of having
made an attack upon the people. of
having undertaken to violate their
dearest rights; Brady having substi-
tuted himself in place of the people
we have no desire under ordinary cir
cumslances to proceed outside of the
general practice IN criminal cases. We
have no desire to avoid the grand Jury,
and we think we might Just AS well
charge that the other side is seeking to
avoid the petit jury rs that they have
10 hold the charge that we are seeking
to avoid the grand jury. We have no
desire to do 1t, except where we can
show cause why it should be avoided
| agree that under ordinary circum-
stances and without good cause being
showl, the proper and expedient way
Is to proceed before the grand Jury.
COL Bliss cited various acts to show
that the prosecution had right to
proceed by information in criminal
cases, and that it had been repeatedly
recognized by congress by authorizing
criminal proceedings by indictment
and information.
The right To file information in some
criminal cases being clear, both under
statutes of the United States and under
kiecislons of the courts, the question
arises whether the crime charged in
this information is one coming within
the class in which informations are al.
lowable. The only possible limitation
TO the right of bill of information is
found in the fifth amendment to the
constitution, has been already quoted.
That amennment prevents the filing OF
information, for capital or other
wise Infamous crime" The ollense
charged in this information being
clearly not capital, it only remains to
ascertain whether it is Infamous.
Bliss gave numerous citations of de-
cisions MS to what crimes are infamous
and held that there Ia no case
holding conspiracy to defraud or
conspiracy generally to be infamous
crime. We therefore say broadly that
a conspiracy to defraud has never
been held by the court to be an infam-
GUS crime, and that had any passages
i'll the text books which seemed SO to
hold, are not intended to apply to any
conspllacies other than those which
affect the administration of justice or
are based on Misrepresentation Of the
cases cited to sustain them. 1t allows
that conspiracy such as is charged in
the case before the court is not an in
famous crime, but if the court should
regard the question as doubtful a SAT
er and farer way is to allow this case to
proceed. ! ask that the ac-
cused be protected and those
of the government saved If there is
a conviction the higher court will pro
test against the enforcement of the
judgment if its very basis is adjudged
Illegal. On the other hand, if there is
an acquittal injustice will be done
and the defendants will obtain what
they insist is their due. Section $40
declared, "lf two or more persons con
spire either to commit any ofiense
against the United States in any man
ner or for any purpose, and one or
more such parties do any act to effect
the object of the conspiracy, all parties
10 such conspiracy commit crime.
The information certainly charges a
crime against the defendants, and sub.
mitted its charges Of such crime in a
legal and proper form. The prosecu
ton claimed the right to come here and
ask for conviction on the ground that
Brady, being intrusted with discretion,
did not exercise ii honestly and in good
faith that he did not not exercise it in
the purpose Of the people and for the
good Of the government, and that he
knew he did not. Bliss, il conclusion,
combatted the propositions submitted
yesterday by counsel for the defense.
WAsHISGToS, Nov. Tn the star
route cases this morning argument was
resumed on motion TO quash the in
formation, Cook opposing the motion.
He said the case did not come into the
court by authority Of the prosecuting
officer, but at the request OF the de-
partment Of justice and of the post
Office department, where the frauds
are alleged to have taken place. Prose
cution of the cases by criminal inior-
nation had prevailed First Assistant
Postmaster General Holden has re-
turped from Iowa and haa rpaumed