New-York tribune., 1881-11-07
PROCEEDING on Az LNFORM1TION

The question raised in the Star Route cases
at Washington as to proceeding a criminal informa
ton instead OF an indictment is that has frequently
come up in the practice in the United States
Courts in this city. TRIBUNE reporter Fri
day called on United States District-Attor-
ney Woodford and asked for His opinion
relative To the practice Mr.. Woodford said that the
matter belonged the criminal branch OF his office, ard
that his assistant, Mr.. Ficro, who was thoroughly
familiar with IT, would give any information desired
'In four years" said Mr. Fiero have adopted the
plan OF filing information in about 500
cases. They include embezzlement, conspir-
acy, counterfciting, certain classes Of sea
cases. In all OF defraudng the Government
Except in OF forgery and in conspiracy TO de-
fraud the Government. Tho informations filed
uudor sections 5.i40 and l,O22 OF the Revised
Statutes Section 5,44O is general section,
and covers of conspiracy to detraud the
Government An information can bo used only
in cases OF msdCmeanor. and not Of felony. General
Brady is charged with conspiracy To defrand the Gov
ernmcnt which is mlsdemeaEor. and not with the
ual commission ofthe principal offence, which is felony
The fact that the conspiracy attained does MT merge
the ml,demeanor into felony. Section lO22 saye that
all and uensos cOumttod against the provisions
of Chapter VII, title Crimes, which not infamous
tiun hed by districtattorney. Section oiiO comes
under This title. The word infamous used IN the stat
ute has been defined by the Courts TO mean all cases that
come under the general common law definition OF
II was argued at Washington" the reporter said"
"that to constitute an offence against the United
States, under section 54iO, the fraud conspired to be
pcrpetrated must be defined by the statute How is
thar
section 5i40 covers just that point, and shows
argument to be erroneous. IL reads deraud the
United states IN any manner for purpose There
are many ways In which tho United States may be de-
tuudCd which are not specified by the statute
and the section referred To IL meant to
cover them. nad case In point recently. rwo men
were charged with making counterfeit internal revenue
cigarette stamps The offence IL not specifically covered
~ the statute but had them indicted under section
3l4O, aud the Indictment WAS held good by the Court.
Ihere doubt that under the Constitution no person
bo held to answer for any capital OF other Infamous
crime except upon the prescntment of indictment.
But section 1o22 IA not In conflict It specially says
that all crimes That are not Infamous may be prosecuted
by Information II Is invasion OF the gifts of ct
zens, guaranteed by the Constitution To proceed by n
formation and any construction which makes IL SO is
forced"
Does the statute apply to the District of Columbia 2"
asked the reporter.
at Is the general law applicable O the United States
III the offence II IA misdcneauOr tho prosecution In
proceeding by Information has acted in accordance with
precedent have established rule mere requiring
United states Commissioners crrthC9te that the prs
has been formally oomlittcd the action Of
Grand jury, before / proceed Information. regard
that the beat practice, and presume IL has been fol
lowed IN Washington"