The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-01-11
How to stop Unjustihabie Prosecu-
tons il the Federal Court.


Gen. Raum, Commissioner Of In
ternal Revenue, in his laie report has
made a recommendation, which Con
gress ought to carry out without delay.
Having seen in Mississippi the need OF
the measure, we would respectfully sug-
pest to the Senators and Represents
tiyes from this State that they viii do
their constituents substantial service By
giving it their support.
The Commissioner sets out with the
rule that whenever the rights Of eiti-
zen, in person or property, are involved,
it is better that an officer should err by
doing too little than too much and he
argues that where the pecuniary inter
ests of the officer are promoted by the
oppression of the citizen there Is great
danger of abuse, and & system Of laws
which makes it the interest Of an officer
to thus misuse his authority is wrong in
principle, and will, by the permanent
temptation to evil, breed abuses even in
long-established and well-ordered COM
munities under the most careful system
of administration.
The conclusion from this premise, is
that the practice of compromising
United States District Attorneys and
Marshals with fees and allowances, is
wrong for the reason that it creates IN
ducements for the preparation OF abuses
by those officers. He says that under
the existing law the District Attorney
is made the judge of the propriety OF
commencing a criminal prosecution
against a citizen on account of which he
and the marshal will receive pay from
the government whether the party be
guilty or innocent. These officers may
prefer complaints against citizens, cause
United States Commissioners to issue
warrants, may arrest and examine the
parties before the commissioner, ano
the District Attorney, Marshal, guard
witnesses and the Commissioner will gel
their fees from the government ever
though the party arrested should BE-
discharged" The remedy he proposes
for the abuses practiced not only upoI
the government in running up costs, bu
upon the citizen in causeless arbitrary
arrests and prosecutions with attend
ant hardship and expense, is to FIX b,
law the salaries of District Attorney
and Marshals, and authorizing TIL
, Attorney General to fix the salaries ant
travelling expenses of Deputy Marshal
in the same manner that the salarie
and travelling expenses Of Deputy Col
lectors of Internal Revenue are nov
fixed. The plan, he says, would rellev
these officers frcm all temptation to IL
stitute prosecutions where no offence
had been committed The Commission
Q er's administration of the Internal Reve
$ nue. Department has enabled him t
discover the abuses, the correction c
which he has proposed; but his reason
apply with equal force to the error
y which have committed in like name
5 and from similar causes under cover
: the United States election laws. lie
: Congress fix the salary of the Unite
. - States District Attorney, so as not
: make his compensation contingent upo
Il the prosecutions which are instituted
e and take away from the Marshals th
!. incentive to work up cases, and at tn
C same time enact law declaring tina
e citizens shall be exempt from trial to
+ offences as grave as violation of til
e election law, except upon indictment b
e a grand jury, and an efectual stop wi
+ be put to the odious practice of inst
y tuting prosecutions where there is n
+ ground for such procedure.