The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1883-12-07
ATTORNEY CENERAL's REPORT
NipOGrANT RECOMAIENDATIO.

lNlLOh4ANA LESpAAALE Ia AONo'
The report Of Attorney General Brewster IS !
o lHurPhensive document. reviewing tie wolI
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 S2,929, So 40. Defcieuc les, $4,000.
The attorney general that the number
OF witnesses which the United States shall be re-
quired TO summon and pay for any defendant lex
cept in capital cases shall not exceed four. The
attorney general believes that inadequate com
peuSatiOn 10 witnesses in the Territories causes
many suits to fail because of ill-will of witnesses,
who avoid luminous or decline 10 obey, preterrlng
70 be taken TO court on a bench warrant. He there
fore 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
TERRITORIAL JUDGES.
Under the provision Of existing laws there are
appointed in each Of the Territories Except Da-
kOta) one chief justice aud two associate justices.
Much complaint is made by the bar and citizens
having business before Territorial courts that the
same judge who presides at the trials in the dis
trict 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 consid-
GRAFTON. Since il Ia essential that the supreme
court Of each Territory should be composed Of an
uneven number Of judges, the public ~interes: re-
quires that a fourth judge should be appointed in
each OF the Territories IL 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-
son why congress should not grant the citizens Of
the several Territories the relief they ask in this
respect.
Recommendation is made for additional legisla-
ton FOR the protection of civil officers in the dis
charge OF their duties, and for the separate con-
tnement of United States prisoners, and to modify
the law so as to make plain the fees and duties Of
jury commissioners. An early revision o. the fee
bill Is necessary, and the attorney general recon-
mends q fixed salary for United States marshals.
many or whom have encouraged frivolous legisla-
ton to swell their fees to the maximum of $4,000
per annum. The same reasons, in favor Of salaried
offices, apply with even more force to the United
States attorney
It 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 simplihed. q uniform system OF challenges pro-
yided, ard the trials shorn Of the technical objec-
tons and numberless dilatory motionsthat can now
De interposed to prevent a speedy trial upon the
merits. Regarding the verbiage in indictments,
the attorney general says: To reduce ~pleadings to
a plain and comprehensive statement of the facts
would serve equally to the advantage Of the gov
ernnent and the defendant. There is no reason
why An indictment ought not to be adjudged suf-
Acisnt and good in law. which charges the crime
substantially II the language of the act prohibiting
the crime and prescribing the punishment, or so
plainly thai the nature Of the ofense charged may
be easily understood by the jury: and recommends
various othce reforms in cases of criminal
| procedure, with forIus submitted for adoption.
Regarding laws in force in the District OF Column
bia, the attorney general says that they are mat
ters involved in such ~obscurity and doubt that
remains a legal puzzle, upon the solution OF which
no two lawyers can agree. and there seems to be an
imperative necessity for the prompt adoption of Z
civil and criminal code for the District.
JURIES IN II DISTRICT OF
The evils that surround the jury system In the
District OF Columbia demand condemnation Aftei
giving . history OF the present system, and tn,
method Of drawing turors.the attorney general adds
The list is drawn from citizens Of the District
To become q citizen OF the District Is to lose th'
right TO vote in any other place, hence aiarge cas
OF intelligent and desirable residents ara eEemp
from jury duty. IL the District there Is no oficia
list, or Inst OF voters. or assessors list OF taxable
inhabitants, such as IL found elsewhere. aud oh
jury commissioners are, therefore, compelled 1
depend upon their own knowledge. or in whateve
other way they may ind ii to be possible TO Obtain
the necessary information On the hrst day or tn
term IL 10 usually found that about t@e-th!ras c
each set Of jurors answer to their names, the mar
sbal having been unable 70 hnd the other one
third. The first business 10 order 10 for the coui
o hear the various excuses offered by the juror
who have been summoned. and who desire to b
relieved from duty. At this point it Is in order |
direct attention to the extraordinary fact that SET
ice Is q juror IN the District means an enforced al
tendance at court and almost total Abandonment
private business for one-fourth OF the who:o yea
a hardship and injustice that IL not imposed upc
citizens 10 any other place in the United States
and would not be tolerated 10 any communit
where the people have q voice ia framing their ov
for three mouths IN the year would mate
4 rally injure the interests OF any bushes maj
] Added to those who are excused on the grouI
that theiz health would suffer from this arduor