The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1882-01-21
A Mistake in the Star Route Prose.
cuti0ns.

cuti0ns.
In order to understand the proceed
ings in the Star-reute cases at Washing
ton, it is necessary to keep in mind the
distinction been an indictment or pres
eminent and criminal information.
An Indictment is a written accuse
ton, presented on oath by at least
twelve of Grand Jury, charging per-
son named therein with specific crime.
The common, and, indeed, only familiar
method of prosecuting Odenses in this
country, except petty misdemeanors, Is
by Indictment A presentmcnt has been
defined as a sort of substitute for an in
dictment or as a direction that an in
dictment be drawn; and it is equally the
act of Grand Jury.
Under the Constitution of the United
States, all capital or otherwise infamous
crimes must be prosecuted in one OF
these two ways.
A criminal information, on the other
hand, is statement or suggestion in
writing made to the court by some au-
thorized public officer, of the facts show
ing the commission of particular Of
Tense by particular parson.
The Federal Courts have held that
crimes not capital or otherwise infamous
might be prosecuted in this manner.
The counsel for the Government must
therefore have assumed, when they ap-
piled 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 entertained throughout the coun-
try generally. In one of the most care
fully considered opinions on the right
to prosecute by means of criminal in
formation in the courts of the United
States, Judge Dillon said: g Where the
accusation Is Craze 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
it before a Grand jury" He evidently
construed the Constitutional guarantee
as applicable to all charges of grave
nature, and not as restricted to such
only as might be technically infamous
within the meaning of the ancient law.
The cases in which information have
been sanctioned are mostly minor Of
| lenses against the revenue laws. invOlv-
ing no moral turpitude.
We recognize the fact that there was
some reason for resorting to this an
usual procedure in the Star. route cases.
The District Attorney had permitted
the discharge of the Grand Jury before
the requisite evidence for an indict-
ment had been laid before them; and to
wait for another Grand Jury would al
| low 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
exigency seemed, indeed, great enough
to warrant extraordinary measures.
/ Nevertheless. we think il was mis-
take to proceed " information. Oul
original impression was adverse to the
adoption of that method, and it ha:
been strengthened by the subsequent
proceedings in court. The first prose
cutions were sure to be looked upon by
the country as test cases. 1t was es
sential to the Government not only tC
succeed in them, but to succeed II
such a manner and by such means
as would be above just criticism from
any source, Compared with this, thu
escape of one or two of the guilty per
sons, by reason of the expiration of TIT
time within which they could lawful,
be prosecuted, was unimportant. Nor
and greater offenders remained. WIFI
could not avail themselves of such
plea. when duly arraigned upon an in
dictment.
Now. however, the course of the Gov
eminent has simply strengthened thu
position of the defense. 1t has givel
the defendants one point more to rel,
upon, and one which no lawyer expert
enced in criminal cases would despise
They may complain with truth that
system of prosecution has been revivet
against them which is of doubtful con
stitutionality, which has been almos
universally condemned in the severa
States of the Union, and which is essen
TALLY I'M American in form and spirit
! Better that every Star-route crimina
should escape than that this or an
other monarchical institution shoul'
gain ground in this country.-M !
e Sim