River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1883-12-06

were 5000, So 40 Deficienc les. %laa. 900
| The attorney general recommends thar the numb.
OF witnesses which the United States shall be re
Quired 10 summon aud pay for any defendant OK
cept in capital cssesi shall not exceed four Tn
| attorney general believes that Inadequate c m
/ DeDsation to witnesses in the Territories caus-
| many suits to fail because Of @yill of witnesses
| who avoid summons, or decline 10 obey, preferrni
70 be taken to court Oh bench warrant. lie there
| fore recommends additional legislation TO reiiey
| tue people OF those harlships, providing that wit
nesses and Jurors be paid their actual expenses Il
going to, while in attendance upon court, and re
turning 10 their places OF residence in lieu Of The
mileage and per diem nov allowed by law.
TERRITORIAL JUDGES.
Under the provision OF existing laws there are
appointed IN each Of the Territories Except Da-
kotsl one chief justice and two associate justices
| Much complaint IL made by the bar and citizens
having business before Territorial courts that The
| same Judge who nresides at the trials in the dis
trlct Courts also sits in the supreme court when h
decisions are reviewed. The Justice Of these com.
plants Is so apparent that comment is unnecessary
The matter is therefore submitted for your consid-
| Grafton since 1t Is essential that the supreme
court of each Territory should be COMPOSED Of an
| uneven number OF tadges the public interes. re-
quires that fourth judge should be appointed ia
each of the Territors If the judge sitting below il
not TO SIT in review Of his cases. Moreover, the
business in each Of the Territories Is sufficient tc
| Justify the appointment of another Judge, making
-FOUR instead OF three: there is therefore. no rea-
| son why congress should not grant the citizens Of
the several Territories the relief they ask in this
! respect.
/ Recommendation Is Nldu6 iOF duuitOudi
ton for the protection Of civil officers in the dis
charge OF their duties. and for the separate cou-
nement of United States prisoners, and TO modify
the law so as TO make plain the fees and duties OF
! jury commissioners An early revision of the fee
bill is necessary ard the attorney general recon-
| Tnends fixed salary for United States marshals,
| r.anv If whom have en,ourspad frIvoIons Iagjsfa
ton to swell their fees 20 the maximum of $4,000
per annum. The same reasons. in favor OF salatied
Offices. apply with even more force to the United
| States attorney.
| II is .desirabls that the attention Of congress
should 90 directed to the want of proper legislation
fof criminal cases, in order that the pleadings may
1 be simplifed, uniform system of challenges pro-
Vided, and the trials shorn of the technical obec-
tons and numberless diiatory motions that can now
os lnterposed to prevent a speedy trial upon the
merits. Regarding the verbiage In indictments,
the attorney general says: To reduce pleadings to
plain and comprehensive statement of the facts
would serve equally to the advantage OF the gov
ernment aud the defendant. There is no reason
why an indictment ought not to be adjudged suf-
hcient and good in law, which charges the crime
substantially in the language of the prohibiting
the crime and prescribing the punishment or SO
plainly that the Of the offensa charged may
be easily understood By the jury: and recommends
various other reforms IN cases of criminal
procedure, with forms submitted for adoption.
Regarding laws 10 force in the District of Column
hia, the attorney general says that they mat
ters involved in such obscurity and doubt that I
remains legal puzzle, upon the solution Of which
no two lawyers can agree. and there seems to be
imperative necessity for the prompt adoption Of a
civil aud criminal code for the District.
JUBIES 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 'citizeus of the District.
To become a citizen OF the District is to lose the
right 10 vote any other place, hence large class
from jury duty liz the District there is official
list or list OF voters assessors list OF taxable
inhabitants, such as is found elsewhere, and the
jury commissioners are, therefore, compelled to
depend upon their knowledge, whatever
Otaer way they may ma II 10 De possiole 10 OBTAIN
the necessary information. On the first day of the
term 1t is usually found that about two-thirds of
each set of jurors answer to their names, the mar
shal having been unable fad 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 be
relieved from duty At this point 1t is in order TO
direct attention to tue extraordinary fact that seIv-
ice a juror the District means enforced at
tendance at court and almost total abandonment Of
private business for ne-fourth Of the whole year.
a 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 a voice in framing their own
laws. 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 are excused on the ground
that their health would suffer from this arduous
service. are always found among the jurors several
who. although their names were placed in the jury
box, and they have responded TO the summons,
are in public employment and therefore exempt.
In selecting talesmen the marshal may summon a
man or men from among the bystanders in court,
persons passing along the public streets, or from
of the stores, banks, counting houses, offices,
hotels, residences in the city, II the method
adopted for selecting and procuring jury is primi-
tive, inefficient, and Censurable the result attained
by that method cannot ba sufficiently condemned.
JURY FIXING.
1t is the subject of belief aad common report
that the business Of Jury fixing hOurShes to an
alarming extent in the District. 1t is asserted that
men live, support their families, and even become
rich in the practice of this nefarous profession As
~. hat afNVfg
should safely conduct a lucrative business IN de-
bauching jures iu the District should occasion nc
surprise. With but tweutY-six jurors such as
usually serve. active jury HXer would become
acquainted with at least two or three OF them in 3
few hours, and that would give him a strong
beginning in his efforts to thwart justice
1t is recommended, in the interest of justice and as
a matter of economy, that the number OF Jurors
should be increased to forty eight, that the time OF
service should be reduced to one month, that where
a deficiency exists in the jury, that deficiency
should be supplied from the box, and that i'm
proved system of drawing. selecting and summon
ing juries should be adopted without delay.
SECURING JUSTICE FOR THE GOVERNMENT.
Independent of those crimes committed in the
District Of Columbia, which for ofenses affect
others OF pubic character which against the
whole people of the United States. In every case
whore government official has committed crime
against the government he has been prosecuted
with determined yigor. When the crime has been
committed and tried outside of the District, justice
has been accorded the government; but when the
District Justice has too frequently been denied the
government person In the employ OF the gov
eminent who betrays his public trust commits a
crime against the United States When that crime
is perpetrated within the District, past exper-
fence proves that he should be tried before a
Jury other than that engaged in the trial OF
the loca, crimes committed in the District.
LawShave been passed by congress broad enough
TO make every fraud or attempted fraud upon the
government crime 10 be severely punished. The
one great difficulty now encountered is the want Of
a proper jury system with which TO enforce these
laws. All plans to defraud the government, or to
stea from the public treasury, no matter where
contrived are mostly consu minated ia Washington
and when the guilty parties arrested their trial
must of necessity take place before Jury drawn
in the District The arrest of set of defendants
brings to them the sympathy and active aid OF all
others engaged in similar schemes. III the defend
ants are wealthy, is often the case by liberal
expenditure of money they secure the acquaintance
aud friendship of prominent men who of So
cial disposition and whose open and public asso-
citation and companionship with the defendants Is
without its helpful effect. 1t is not easy to de-
termiue what method to ADOPT for the trial Of these
public cases, any change will be objected TO be-
cause it may increase expenses. Change OF venue
and special or struck luries have been adopted
elsewhere to secure protection from a failure OF
justice because of the defects of local juries, and
both methods, wherever existing, are commended.
1t is of the utmost importance that either both
methods should prevail IN the District.
/ submit that the desired eud might be obtained
by extending lin such form and under such imita-
tons as may be advisable the jurisdiction OF the
United States circuit and district courts for the judi
cia district of Maryland as TO include tho cog
nizance OF crimes committed in the District OF
Columbia BY this the circuit and district courts
Of that judicial district would have original juris-
dictiou all crimes committed 10 the District OF
Columbia which are offenses against the general
laws of the United States, and their Jurisdiction
would be concurrent with that OF the courts in the
District of Columbia, that the prosecutions and
trials could be proceeded with in either courts. The
advantages 10 be derived are that where the trials
take place in the circuit district court in Mary
land the Jury would he drawn in the manner now
prescribed by law, from the people OF the entire
State of Maryland and the chances Of obtaiuin g
! ...L. -. ...a..I. ....aasal