The Northern Pacific farmer. [volume] (Wadena, Minn.) 1878-1885, 1883-12-06

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lot the department OF justice for the nisty
giving the present status Of the business besoi
the several courts, and making several in
portant Recommendations. rs sss.
Tho expenditures OF the department. fasaIanss
were a92. 220, So 40. sDxhcienc les, $500
Tho at10rley general redpujnends ihatEth8nnmb s
~n,ss sae Sgsa
tcept IN capital cases. shall notae1ce1d fUdrA I'll
attorney general believe, that iIsdeQdaIe Scou
sa so in Il the
twho avoid summons, or decline I'd obey. prefsrrln
to be taken to court on bench warrant He; there
the people Of those hardshipsspr vidinx that 81!
knesses and jurors be paid their actual expenses
going to. while in attendance upon court, and8r
turning to their places of residences, In lieu Ofsth
mileage and per diem now allowed bylaw. sSa
TERRITORIAL JUDGES sssa
r. Under the proyision se1isting laws there 6
tappoiDted u eachspt stha Ierritosie texcoDt IA
kota) one chief justice and two assocste juatices
before 1s S courts Sa s that s
same judge who Dresides at the trials in the dis
trct courts also sits in the supreme court when Iii
decisions are reviewed The ins.iee Of these com
The matter is therefore submitted for your consid
GRAFTON: Since it is essential that the suprem
court OF each Territory should DO composed of al
uneven number Of judges, the public interes: re-
qnires that astourth judge should be appointed il
each Of the Territories If the Judge sitting below
not to sit in review of his cases. Moreover, tn
Justify the appointment of another judge, MAXIM
four instead Of three thereis, tharetore,sRo reA
[son Why congress should not grant the citizens D
the seysra Tsrritosies the relief they assin thi
''fS euaationis made tsr additional l.sis.s
ton forthe projection Of civil officers inthe dill
charge Of their duties. and for the separate con
fnement Of United States prisoners, and to modif,
the Law so as to make plain the fees aud duties o
jury commissioners. An eaxly revision OF the fet
bill is necessary. and the attorney general recon-
many Of whom have encouraged frivolous leeisla:
ton to swell their fees to the maximum Of ZOO
Der annum. Tho same reasons, in favor OF salaret
ot11ces. apply with even moro force to the United
It IS desirable that the attention of congress
should b directed to the want Of proper egisatto,
TOR criminal cases, ID order that the peadings ma,
yded. and the trials shorn Of the technical obiec
tons and a9mbesless dilatory motions that can nov
be 1nterposed to Prevent speedy trial upon til,
the attorney general says: To reduce pleadings t.
q plain and comprehensive statement of the fact
would serve equally to the advantage of the gov
ernment and the defendant There is no reason
why an indictment ought not to be adjulged sui.
dcient and good in law which charges the crime
substantially in the LANGUAGE of the act prohibiting
the crime and prescribing the punishment, or 81
be easily understood by the jury: and recommends
various other reforms in of crimina
procedure. with forms submitted for adoption
Regarding laws in force in the District Of sColum
bia, the attorney general says that they ARE mat.
tors involved in such ooscurity and doubt that
remains legal puzzle. upon the solution Of which
no two lawyers can agree. and there seems to be an
INN tive ,ofr
civil and criminal code for the District.
JUR1Es IN THE 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 listis drawn from ''citizeus" of the District.
right to vote in any other place, hence large class
OF intelligent and desirable residents are eXem pt
from jury duty. IL the District there is no official
list or list of voters, or assessors list of taxable
Inhabitants. such as is found elsewhere, and the
jury commissioners are, therefore, compelled to
depend upon their own knowledge, or in whatever
other way they may find it to be possible to obtain
the necessary information. On the first day of the
term it is usually found that about two-thirds OF
each set Of jurors answer to their names. the mar
shall having been unable TO find the other one
third The first business in order ID for the court
o hear the various excuses offered by the Jurors
who have been summoned. and who desire to he
relieved from duty At this point it is in order tc
direct attention to the extraordinary fact that sew
q
tendance at court and almost total abandonment OF
private business fer one-fourth 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
whore the people have voice in framing their own
LAVE. Continuous absence and neglect of business
for three months i'll 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
box, and they have responded to the summons
are in public employment and therefore exempt.
In selecting talesmen the marshal may summon
man or men from among tho bystanders in court
persons passing along the public streets, or from
any of the stores, banks, counting houses, offices
hotels, or residences in the city. If the method
adopted for selecting aud procuring jury is print
tive, Inefficient and censurable the result attained
by that method cannot be sufficiently condemned
JURY FIXING.
It is the subject of belief and common report
that the bushes? Of "qry izine lourishes to az
men live. support their families. and even become
rich in the practice of this nefarous profession Al
the jury system now exists. that Inscriptions mer
bauching jurjes in the District should occasion NJ
surprise. With but twenty six jurors such az
usually serve. au active Jury fxer would become
few hours, and that would give him AS strong
beginning in his efforts to thwart justice.
1t is recommended. in the interest ofjustce and
matter OF ecOuOmy1 LQat the nuuOet OF Jurors
should be increased to forty eight, that the time
service should be reduced to one month, that where
deficiency exists in the jury, that defcieuc
should be supplied from the box. and that an 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
Distrietof Columbia which are for ofenses affect
others of public character which are against the
whole people of the United States In every case
where government official has committed crime
with determined vigor. When the crime has been
committed and tried outside OF the District, justice
has been accorded tho government: but when the
District. justice has too frequently been donied tho
government. A person in the employ OF the gov
ernment who betrays his public trust commits q
Is perpetrassd within the District. past ' exper
ience proves that he should be tried before q
jury other than that engaged in the trial OF
the Local crimes committed in the District:
Laws have been passed by congress broad enough
to make every fraud or attempted fraud upon the
government crime to be severely punished. The
one great difficulty now encountered is the want OF
q proper jury system with which to enforce these
laws. All plans to defraud the government. or to
steal from the public treasury, no matter where
contrived. are mostly consummated in Washington.
must of necessity take place before a jury drawn
in the District The arrest Of one set of defendants
brings to them the sympathy and active aid of all
Ot0orS engaged IN similar schemes. the Qei emu
ants are wealthy. as is often the case, by liberal
expenditure of money they secure the acquaintance
and friendship of prominent men vino are of So
cial disposition, and whose open and public asso-
citation and companionship with the defendants is
not without its helpful effect It is not easy to de-
termine what method to adopt for the trial of these
public cases. as any change will be objected to be-
cause it may Increase expenses. Change of venue
and special or struck juries have been adopted
elsewhere, to secure protection from afailuro of
justice because Of the detectsot local jures, and
both methods wherever existing. are commented.
methods should prevail in the District.
submit that the desired end might be obtained
by extending lin such form and under suci, limita
tons as may be advisable the jurisdiction of thu
United States circuit and district courts for the judi
cal district of Maryland, so as to include tho cog
niZance Of crimes committed in the District Of
Columbia By this the circuit anJ district courts
of that judicial district would have original jurs
dtction over all crimes committed in the District OF
Columbia which are otfenses against the genera
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 to be derived are, that where the trials
take place in the circuit or district court in Mary
land. the jury would be drawn in the manner now
State of Maryland, aud the chances OF obtainiue
an impartial jury would be greatly increased. .~
THE WAR DEPARTMENT.
SECRETARY LINCoLN's REPORT.
The expenditures by requisition under the direc
ton of the war department. during the fiscal yea
ending June 80. 1883, were as foltows:4 , -
Salaries, contingent expenses. and
Military establishment Army and
Military academy. .......... 49,. 27,830, 976 !;
Public works, including river and har-
Dor improvements. ................ 1865, 337 81
Miscellaneous objects ......-.....!.. 4.154,736 81
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