The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-11-05
''ELEGRAPHIC NEWS
The Star Route Gases.


Washington, 4.-The argument on the
motion to set aside the criminal informa-
ton on the star route cases was resumed
this morning. Geo. Bliss addressed the
court Gu behalf Of government. He gave
the reasons for seeking to file the in
formation as follows; The grand jury had
been adjourned till the Sd ofOctober,
and what we regarded as the most i'm
pOrtant and effective overt acts in pur-
suanee Of this conspiracy, had taken
place on the 1st of October '7S. 1t was
open to the claim therefore, that under
the three years statute of limitations, I'M
less proceedings were commenced in the
court before the 1st Of October 81, they
would be barred. We,Were placed in the
condition that if we do not file or seek to
file an information, we felt we should not
have done our duty 10 government. We
therefore adopted the proceeding BY
informal subject of course to q motion
to set it aside. ! think we may claim to
be here without being exposed to the
denuHcistion which We heard yesterday,
Of having made an attack upon people,
OF having undertaken 10 vitiate
their dearest rights, Brady having
substituted himself in place of the
Peep G. We have no desire under ordia-
arS circumstances to proceed outside of
the general practice in criminal csses,
We nave no desire TO avoid the grand
Jury, and we think we might just Is we'll
ca large that the other side 10 seeking to
AVOID a pei jury, as that that they
should char. that we are seeking to
avoid gram Jury. We have no desire |
to do It, except where va can show |
cause why it should be done. l agree |
that under ordinary circumstances, and |
good cause being shown, the /
proper and expedient way is to proceed |
before the grand jury. Col. Bliss cited
various authorit' ey 10 show the prosecution
had right to proceed by information in
criminal cases. The right to file an in
formation in some criminal cases being
clear, both under the statute of the
u nited States and under. decisi0ne Of the
courts, the question remains whether the
crime C 1arged in this information is one
coming within the class in which Informs.
ions are allowable. The only possible
imitation to the right to file an informa-
ion is found in the fifth Amendment TO
he Constitution already quoted. The
amendment prevents the filing of an
Information, for a capitol or other
wise Infamous crime. The offense
charged in this information being
clearly not capital, it only remains
% ascertain whether it Is Infamous.
Bliss gave numerous citations of decisions
IS to what crimes are infamous, and held
hat there was no case holding conspiracy
20 defraud, or conspiracy generally, to
De an Infamous crime. We therefore say I
broadly that conspiracy to defraud has
never been held by courts to be an in
amous crime, and that any passage in
he text books, which seems to hold so is
lot intended TO apply to conspiracies other
han those which affect the administration
# justice, or are based on misapprehen-
ion. In the case cited il allows con-
piracy, such as is charged in the case
,eTo:e the court, is not al infamous
rime, but ifthe court should regard the
uestton as doubtful, the safer and fairer
7sy sis to allow this case to proceed. |
LII rights OF the accused Will be pro-
.cted, and those of government saved.
there Is conviction, the higher court
Ill protest against the enforcement of
lie judgment, If its very basis is adjudgedI
legal; on the other hand, if there is an
cQulttsl no injury will be done and the
efendants will obtain what they insist | .
their due. Section 5440, Revised
tstutes, declares that ftWo or more per-
JDs conspire, either to commit any
Tense against the United States or de-
aud the United States in any manner,
: for any purpose, aud one or
lore OF such parties to any act
feet the object OF the conspiracy, all the
arties to such conspiracy commit the
ime. The information certainly in
rms charges this crime sgains: the de-
ndants and it il submitted that it
larges such crime in legal and proper
rm. The prosecution claimed the right
come here and ssk for conviction on
g ground that Brady being entrusted !
tn discretion, did not exercise it !
'nestly, and in good faith, that be did !
}. exercise it in the interest of the
ople and for the good of government,
d that he knew he did not. Bliss, in
combsted the propositions
omitted yesterday By counsel for the
Tense.