Morris tribune., 1883-12-05
ATTORNEY GEN ERALS REPORT.
IMPORTANT RECOMMENDATIONS.

IMPORTANT RECOMMENDATIONS.
The report Of Attorney General Brewster is .
murebensive document reviewing the worl
| Of the department Of justice for the past year,
giving the present status of the business before
the several courts, and making several i'm
portant recommendations.
The expenditures of the department for the fiscal
were $2,929,S57.4O. Deficiencies. $4,000.
The attorney general recommends that the number
of witnesses which the United States shall be re-
ouired to summon and pay for any defendant tex
cept In capital cases. shall not exceed four The
attorney general believes that inadequate COM
pensation to witnesses in the Territories causes
many suits to fail because of will of witnesses
who avoid summons, or decline to obey, preferrlng
to be taken to court bench warrant. He there
fore recommends additional legislation to relieve
the people Of those hardships. providing that wit
nesses and jurors be paid their actual expenses IN
going to. while in attendance upon court. and re-
turning.to their places of residence. in lieu OF the
mileage and Der diem now allowed by law.
TERRITORIAL JUDGES.
Under the provision of existing laws there are
appointed in each of the Territories Except Da-
kota) chief justice and two associste Justices
Much complaint is made by tbs bar and citizens
having business before Territorial courts that the
same Judge who presides at the trials IN the dis
trct courts also sits in the supreme court when his
decisions are reviewed. The justice of these COM
plants is so apparent that comment is unnecessary
The matter is therefore submitted for your consld-
Grafton Since ii is essential that the supreme
court of each Territory should be composed OF an
uneven number of judges, the public interest re-
quires that fourth judge should be appointed in
each of the Territories if the judge sitting below is
not to sit in review of his cases. Moreover, the
business in each of the Territories is sufficient to
Justify the appointment of another judge, making
four instead of three; there is, therefore. no rea
why congress should not grant the citizens OF
the several Territories the relief they ask IN this
respect.
Recommendation is made for additional legsla-
ton for the protection of civil officers in the dis
charge Of their duties and for the separate con-
fnement of United States prisoners and to modlfy
the Law so to make plain the fees and duties OF
b is and the attorney general
mends fixed salary for United States marshals,
many of whom have encouraged frivolous leglSla-
ton to swell their fees to the maximum OF S6,Ouo
per annum. The same reasons, in favor of salaried
offices, apply with even more force to the United
States attorney.
Il is desirable that the attention of congress
should be directed to the want of proper legislation
for criminal cases. in order that the pleadings may
be simplif1ed, uniform system OF challenges pro-
yided, and the trials shorn of the technical ob1ec-
lions and numberess dilatory motions that can now
be interposed to prevent speedy trial upon the
merits Regarding the verbage in indictments,
the attorney general says: To reduce pleadings to
would serve equally to the advantage OF the gov
eminent and the defendant. There is no reason
why an indictment ought not to be adjudged sut-
icient and good in law. which charges the crime
substantially in the language OF the act prohlDlng
the crime aud prescribing the punishment, or so
plainly that the nature OF the onense charged may
various other reforms in cases or criminal
procedure, with forms submitted for adoption.
Regarding laws in force In the District OF Column
hia,i the attorney general says that they are mat
tiers involved in such ooscurity and doubt that {
remains a legal puzzle upon the solution OF which
two lawyers can agree. and there seems to De an
imperative necessity for the prompt adoption OF
civil and criminal code for the District
JURIEs IN TIE DISTRICT OF COLUMBIA.
The evils that surround the jury system IN the
District of Columbia demand condemnation. After
giving history of the present system, and the
method of drawing Jurors the attorney general adds
The list is drawn from "citizans OF the DlstrlcL
To become a citizen of the District Is to lose the
right In any other Mace, hence large cass
of intelligent and desirable residents are exempt
from jury duty In the District there Is no ofnciai
list list of voters or assessors list OF taxable
jury commissioners are. therefore, compelled 10
depend upon their own knowledge, or In Whatever
other way they may find 1t to be possible to OBTAIN
the necessary information. On the first day OF the
term 1t is usually found that about two-thlrds OF
each set OF jurors answer to their names. the mar
| shal having been unable TO find the other one
third The first business in order 10 for the court
hear the various excuses offered by the Jurors
| who have been summoned, and who desire to no
relieved from duty at this point IT Is In order to
direct attention the extraordinary fact that serv-
ice as juror the District means an enforced at
tendance at court and almost total abandonment OF
private business fer onefourh 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 10 any community
where the people have voice In framing their own
Laws. Continuous absence and neglect Of business
1 for three months In the year would mate
| rally injure the interests OF any bushes man.
| Added to those who are FUSED on the ground
that their health would suffer from this arduous