National Republican., 1881-11-07
A Mistake IN ,l,c S,nr.Rou,c pro.ccu.Ions.

A Mistake ia the stnr-Routc Prosecutions.
In order to understand the proceedings
in the. starroute cases at Washington II is neces-
sary TO keep In mind the distinction between an
indictment or presentment and criminal in-
formation.
An Indictment Is written accusation presented
on oath by at least twelve of grand jury, charg-
! aperson named therein with specific crime.
he common, and, indeed, only familiar method
OF prosecuting ofIenses In this country, except
petty misdemeanors, is by Indictment present.
ment has been defined as sort of substitute for an
indictment, or rs direction that nh indictment
be drawn; and its equally the act Of grand jury.
Under the Constitution Of the United States, oil
capital or otherwise Infamous crimes must be
prosecuted in one Of these two ways.
criminal information, on the other hand, Is
statement or suggestion in writing made to the
court by some authorized public officer, Of the
facts showing the commission Of particular Of
fense by particular person.
The Federal courts have held that crimes not
capital or otherwise infamous might be prose-
cuted In this manner
The counsel for the Government must therefore
have assumed, when they applied to the court at
Washington for leave to file the information In the
star route cases. that the frauds they sought to
punish were not Infamous crimes.
This view will hardly accord with that enter
| of the most carefully considered opinions on the
right to prosecute by means Of criminal informa-
ton In the courts Of the United States, Judge Dill
Ion said: "Where the accusation Is grave one,
or where the charge seems to be doubtful, the
court will refuse leave to file an Information and
compel the district attorney to lay before grand
jury" He evidently construed the constitutional
guarantee as applicable to all charges Of a grave
nature, and not as restricted TO such only might
bp tpChnfnallv mi tvtthiu tho tuaaniuU Of
the ancient law. The cases in which informatlons
have been sanctioned are mostly minor ofionses
against the revenue laws, involving no moral tur-
pitude.
We recognize the fact that there was some reason
for rcsorting TO this unusual procedure in the star
| route cases. Tho district attorney had permitted
the discharge of the grand jury before the requi-
site evidence for an Indictment had been laid be-
| fore them; and 10 wait for another grand jury
would allow the statute of limitations to run in
| favor OF the particular defendants now before the
court, and so protect them from all possibility OF
punishment The eSlgenoy seemed, indeed, great
enough to warrant extraordinary measures.
Nevertheless, We think 1t was mistake
to proceed by information Our original
| impression was adverse to the adoption Of
that method, and II has been strengthened by the
| subsequent proceedings in court. The first prose-
cutions were TO be looked upon by the country
as test cases. 1t was essential to the Government
not only to succeed In them but to succeed in such
manner and by such means as would be above
| just criticism from any source. Compared with
this the escape of one or two OF the guilty persons
| by reason Of the expiration of the time within
which they could lawfully be prosecuted, was un-
| important. More and greater offenders remained,
who could not avail themselves Of such plea,
when duly arraigned upon an Indictment
| Now, however, the course OF the Government
has simply strengthened tho position Of
the defense. 1t has given the defendants
one point more to rely upon, and one
which no lawyer experienced in criminal
cases would despise. They may complain with
truth that system of prosecution has been re-
vlved against them which is of doubtful consti-
tutionality, which has been almost universally
condemned in the several States Of the Uuion, and
which is essentially un-American in form and
spirit, Better that every star route route criminal
should escape than that this or any other monar-
chical institution should gain ground in this
| country.-NetD York Sun Of Saturday.