Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1883-12-07
ATTORNEY GEN ERALS REPORT.

H7.7S2. Is was separated and deposited in tie
United States treasury.
ATTORNEY GEN ERALS REPORT.
IMPORTANT RECOMMENDATIONS.
The report Of Attorney General Brewster is
G. mprehensive document, reviewing tie woil
Of the department of justice for the past year,
giving the present status 0: the business before
the several courts, and making several i'm
portant recommendations
The expenditures of the department. For the fiscal
were S2,929, IS 40 Deflcieuc les, $lo2,QO0
The attorney general recommends hat the number
OF witnesses which the United States shall be re-
Qu1red to summon and pay for any defendant lex
c-pt in capital cases. shall not exceed fouI The
attorney general believes that inadequate com
pensation to witnesses in tho Territories
many snlts to fail because of iwil of Witnesses.
who avoid Sulnmons, or decline to obey. Dreferr!ng
TO De taken TO court on bench warrant He there
fore recornm.n'!s additional legisa ion to relieve
the people Of those hardshps, providing that wit
uesses and jurors be paid their actual expenses IN
going to, while in attendance upon court. and re-
turning to trer places Of residence. in lieu of the
mileage and Per diem now allowed by law.
TERRITORIAL JUDGES.
Under tie provision Of existing laws there
pn"jp1ed IN each of the Territories (.Xcept Da.
"ta chief Justice and two associate justices.
Much complaint is made by the bar and citizens
business lore Territorial courts that tho
sam judge VINO presiues at the trials in tho DIS
riot courts also sits in the supreme court when his
DECISIONS are reviewed. The justice of these COM
lai IT'S isso apparent that comment is unnecessary
The matter is nerrf )rs su bmlte tor conslu-
cation Since il is essential that the supreme
court OF each Territory should be comro>eC Of an
uneven numb-r of judges, the public intereS: re-
quires that fourth judge should be appointed 10
each of the Territories If the judge sitting be,ow is
rot to sit in review of his cases. Moreover, the
BUSINESS ia each Of the Territories is suite ent to
Justify the appoint Of another jldge. making
our instead Ut three; there is, therefore. no rea-
uI>y r,l1 chr oii0 ff
the several Territories the relief they ask IN this
respect
h commentator is made for additional legisla
tinn for the protection OF civil officers in the dis
charge Of their duties, and for the separate con-
dnement Of United States prisoners and to modify
tile law so as to make plain the fees and duties OF
jury commissioners. An early revision or the fee
n( is necessary, and the attorney general recon-
| nsrds fixed salary for United States 1narshals.
| many Of wnom have encouraged frivolous l-gisla-
ton 70 swell their fees to the maximum OF S6,UpO
rar annum. The same reasons in favor OF salaried
offices. apDly'with even more force to the United
states attorney.
| Il is desirable that the attention of congress
should be directed to tho want of proper legislation
for criminal cases, in order that the peadlngs may
| be simDfed. a uniform system of challenges pro-
Vded, aud the trials shorn OF he technical oblec
tons and numbarIess diatory motions that now
| be jnterpoaeu to prevent speedy trial upon the
! merits. Regarding the verbiage in indictments
| the attorney general says: 10 reduce peauings to
/ plain and comprehensive statement Of the facts
| won serve equally TO the advantage of the gov
|
| why au indictment ought not to be adjudged SUI
| ricent and goud in law. which charges the crime
substantially in the language of the ACT prohibiting
the CRIME aud prescribing tie punishment or so
plainly that the nature of thu off-nse charged may
be- easily understood BY the jury: and recommends
| various other reforms in cases of cslmlnal
| procedure, with forms submitted fer adoption.
Regarding laws III force in the District of Column
| bia, the attorney general says that they mat
lers Involved M such ooscurty and doubt that t
remains legal nuzzle, upon the solution Of which
1yg) la WV
imperative Necessity for the prompt adoption OF a
civil and criminal code for the District
yUR1Es Nv TIE DISTRICT OF COLUMBIA.
The evils Mat surround tue jury system in the
District Of Columbia demand condem lation. After
I nving history OF the present system. and the
method Of rawing urors the attorney genera! adds
70 become citizen Of the District Is to lose the
right 10 vote in any other place, hence large class
| 1t intelligent aud desirable residents exempt
rom jury duty. ID the District there is no official
ist or list OF voters. assessors list OF taxable
| nllaDitants sU' h as is found elsewhere, ana the
jury commissioners are, therefore. compelled to
| otuer way they may find it to be possible to obtain
me necessary Information. On the first day of the
,erm it is usually found that about two-thirds OF
arh set OF jurors answer to their names, the mar"
| sual having b-en unable find the other one
| third The first business in order is for the court
hear the various excuses offered by the Jurors
| who have been summoned and who desire to ne
relieved from duty. At this point it is IN order &c
iirect attention to the extraordinary fact that seIv-
ice as juror the District means an enforced at
tendance at court and almost total abandonment OF
| private business for one-fOurh Of the Whole year
hardship and injustice that is not imposed upon
citizens in any other place in the United States
| and would not be tolerated in any community
where the people have voice ia framing their owt
!ave. Continuous absence aud neglect OF business
} for three months in the year would mate
| rally. injure the Interests of any bushes man
Added to those who ex used on the grounC
| hat their health would suffer from this arduous
| service are always found among the jurors seyera
| ait bnru air maj
box and they have responded to the summons
| are in public employment and therefore exempt
| In selecting tai smen the marshal may summon
| man or men from among the bystanders in court
persons passing along the public streets, or from
any Of the stores, ban ks, counting houses, offices
hotels, or residences in the city. If the me,hot
adopted for selecting and procuring jury is print
tive, inefficient, and censurabl., the result attained
by that method cannot he sufficiently condemned
| It is the subject of belief and common rspOr
that the business of Jury fixing aourlshes to al
alarming extent in the District 1t is asserted tina
meu live, support their families and even becom
rich in the practice Of this refarious profession
The jury system now exists, that INSCRIPTIONS mel
should safely conduct lucrative business IN De
bauching juries in the District should occasion a
! surprise. With but tWenty-six jurors such a
usually serve. al active jury 6xer would becom,
acquainted with at least two'or three OF them in
? few hours, and that would give him q stron
beginning in hts efforts to thwtrt Justice
1t is recommended in tue interest of justice and q
a matter Of economy, that the number OF juror
increased to forty elgnL, LDdt Inc tllQs
service should be reduced to mouth, that wher
: a deficiency exists in the jury, that detclenc
: should be supplied from the box. and that an I'm
. proved system of drawing, selecting and summon
ing iuries should be adopted without delay.
SECURING JUSTICE FOR THE GOVERNMENT
g Inde nend-nt IF those crimes comm tied m tn
District of Co ubia which are for off uses affect
ing the citizens Of the District alone, there ar
s others OF pubic character Which are against tn
| whole people of the United States. In every cas-
= where government official has committed d Grim
| against the government he has been prosecute
| With determined vigor. When the crime has bee
committed and tried outside Of the Dtstrlc ]ustc
s has been accorded the government: but when IN
OIL crime has been committed and tried Wlthln tn
u district Justice has too frequently been dhnled TIL
y government. person in the EMPLOY OF sne gov
;. ! aru.nent who betraysv his public trust commits
. crime against the United States. When that Grim
: g perpetrated within the District. past exper
y fence proves that he should be tried before
It Jury other than that engaged in the trlai
,s he local crimes committed liz the District
II Laws nave been passed by congress broad ennug
= o make every fraud Or attempted fraud upon tn
is government crime to be severely punished. III
is one great difficulty encountered is the want
Il iaproper jury system win which to enforce fhes
u laws. ALL plans to defraud the government. Or
1 | steal from the pubic treasury, no matter whei
+ contrved. are mostly c6Rsumma,ed IN WashingtO,
Is and when the guilty parti,s arssarrested their tr
of must Of necessity take place btfore jury draw
ri 10 the District The arrest OF set of defendant
brings to them the pathy aud active aid OF q
Of others engaged in similar schemes Ii the defend
ants wealthy, as is often the case. by lber
expenditure Of money they secure the acquantant