The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1883-12-14

department failed to fnd owners the sum Of
&7.7S2.l6 was separated and deposited in the
United States treasury.
ATTORNEY ENERAL's REPORT.
IMPORTANT RECOMMENDATIONS.
The report of Attorney General Brewster is Z
ccmurehensive document. reviewing tie woil
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.
portart recommendations.
The expenditures of the department for the fiscal
were $2.929,s57.40. Defrienc les, 1892, 600.
The attorney general recommends hat the number
OF witnesses which the United States shall be re-
qu'ret 10 summon and pay for any defendant tex
cept In capital cases) shall not exceed -four. The
attorney genera! believes that Inadequate COM
pensation to witnesses in the Territories Causes
many suits to fail because of il>wii OF witnesses,
wha avoid summons. OF decius TO obay, preferrlug
to be taken to court on a bench warrant. He there
tore recommends additional legisa ion to relieve
the people OF those hardslips, providing that wit
nesses and jurors be paid their actual expenses in
gong to, while in attendance upon court, and re-
turning to their places of residence. in lieu Of the
mileage aud per diem now allowed by law.
TERRITORIAL JUDGES,
| Under the provision of existing laws there are
appointed in each of the Territories t"kcept Da-
Eotal one chief justice and two associate justices.
Much complaint is made by the bar and citizens
| having business tore Territorial courts that the
sans judge VINO presides at the trials in the dis
trlct courts also sits in the supreme court when his
decisions are reviewed. The Justice of these com
| nlaints is so apparent that comment is unnecessary.
The matter is therefore submitted for your cnnsid-
GRAFTON. Since it is esseutia. that the supreme
court of each Territory should be COMPOSED of an
uneven number of Judges, the public interest re-
quires that a fourth judge should be appointed in
each of the Territories II 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 anothH 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 protectiN, of civil officers in the dis
charge of their duties. and for the separate con-
finenent of Cnitod States prisoners, and 10 modify
the law SO as to make plain the fees aud dates Of
jury commissioners. An early revision OF the fee
bill is necessary, snd the attorney general recon-
mends a liked salary for United States marshals,
many of whom have encouraged frivolous i-gisIa-
ton to swell their fees to the maximum of Sc, 600
Der annum. Ibe same reasons, in favor of salaried
offices, apply with even more force to the Guited
States attorney.
1t is desirable that the attention of congress
should be directed TO the want of proper Legislation
Tor criminal cases, in order that the ~plcafings may
be slmp!lted> a uniform system of challenges pro-
vided, and the trials shoru of the technical obiec.
tons and nImberless dilatory motions that can now
be interposed to prevent a speedy trdBl upon the
merits. Regarding the verbiage ia indictments,
the attorney general says: To reduce ~plea1ings to
Il plain and comprehensive statement of the facts
wou d serve equally to the advantage of the gov
ernmert and the defendant. There is no reason
why M Indictment ought not to be adiuJged suf-
ticient and good in law, which charges the crime
substantially in the language of the ac,lpr6hib;tiDe
the crime and prescribing the punishment, or SC
plainly that the nature of the OF -nse charged may
be ensily understood by the jury: aud recommends
various other reforms in cases of crlminaI
procedure. with forms submitted for adoption.
i RegsrdiGg Laws in force In the District of Column
hia, the attorney general says that they are mat
terstnvolved in such ooscurity and doubt that i
remains a legal puzzle. upon TIE solution of which
I M fTn L. urRF "a nuraa ard nara snnrnc tn 1a ~
imperative necessity for the prompt adoption of Z
cival and criminal code for the District.
JURTEs IN TIE DISTRICT OF COLUMBIA.
The evils that surround the jury system in the
BsS'rict of Columbia demand condem cation. After
giving a history of the present system, and the
Tsethod LOT drawiugj jurors, the attorney general adds
The list ia drawn from 'ci'iz ms of the District
To become a citizen of the District is to lose the
eight 10 vote in any other psace, hence a large ciass
OF intelligent and desirable residents are exem o.
from jury duty. LII the District there is no ohicia
list, or list OF voters, or assessors list of taxable
lniiaoltaEts, SUN as Is found elsewhere, aud the
Jury commissioners are, therefore, compelled tt
] depend ap0n 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
ters0 it is usually found that about two-thirds Of
each set OF Jurors answer % their names, the u.ar.
shai having been unable to find the other one.
third. The first business IN order is for the ocur
o hear the various excuses offered by the jurors
who hive been summoie5. and who desire 10 hS
relieved from duty. At Ihis point it is in order Il
direct a'teniion to the extraordinary fact that sew.
ice AZ q juror N the District means an enforced al
! ! tendeece at court and Almost total abandonment O.
private business fer one-fourth Of the whole year
a hardship and injustice that is not imposed cpol
ci'Eess IN any other place in tho United States
; andswouid not be tolerated in any copmunit,
where the people have 4 voice. in framing their owl
la~e. Continuous absero, and neglect of business
: for three months i'll the year would mate
riaa7. injure the Interests of any bushes man
Added to those who arc ex used on the groun,
that ttoir health would ~naffer from this arduoH
service. are always found among the 5urors severa
who. aiihoueh their names were placed in the iNry
box, end they have responded TO the summons
are in public employment and therefore exemot
2u selecting falrsmen the tnarshal may summon
man ornneu from amoug The bystauders in court
pe,soIs passing along the public streets. or fron
any Of the stores. banks. counting houses, Offices
hotels or residences in the city. II the me,ho,
adopted for selecting aud procuring a jury is print
tive. laehicient, and censusabls. the result attaine
by that method cannot be sufficiently condemned
1 JURY FIXING.
Is,is the subject Of belief and common repor
that ,r the bushes; s. Of H. s{ mi. fixing hourlshes to al
men live. support their families, and even becom
rich in the practice of this nefarious profession. /
thelury system now exists that INSCRIPTIONS me
should safely conduct 4 lucrative business In &c
b%auchin.f jpries in the District should occasion ~
surprise. With but tweuty-six jurors such q
usually serve. an active Jury fxer would becom,
aoqunlnted with at least two.o or three OF them in
Few houes, and that wouL give him a stron,
seginuing in his efforts to thwart justice
1t is recommended. iu tie interest OF justice and al
a matter of economy, that tho number of juror
sboutdibs increased to forty-e.ght, that the time o
service. should .be reduced to oke month, that wher
a deficiency exists in the Jury, that defcienc
should be Supplied from the box. aud that an i'm
proved system of drawing, selecting and summon
Ing iuries should be adopted without delay.
SDCuRrNsf- JUSTICE FOR TIE Governments
independent of those crimes. committed in ttlt
District of Columbia, which are Tor offeuses affect
ing the ,~citigeus of the District alone, there arr
others of q pub ic character which arc against Ii.
whole 9eoplo OF the United States. In every case
whers a government official has committed q crime
against the government he has been prosecuted
with determined vigor. When thapcrime has beer
committed and tried outside of thaDistrici, justice
has been accorded the government but when th,
District. justice has too frequently Eten denied the
government. 4 person in tho employ OF tho gov
ernneut who bettays his public trust commits
crime against the Dotted States. When that Grim,
Is perpetrated within the District, past exper.
fence proves that he sholid be tied before /;
Jury other than That engaged in the trial o.
The loca: crimes committed in TIE District.
Laws nave been passed by Congress brosd enough
TO make every fraud OF attempted fraud Ipon the
government II cEimeto be severely ~puuitred. The
one great difficulty now encountered is the want OF
n proper jury system wifh which to enfagce these
laws. All plans to detra2d the government, or &c
steal from the public treasury. no nIatte- where
cOntrived. are mostly consnminalsd in Washington
l.nd when the guilty parties are arrested the!r tria
must OF necessity take place bet4se a jnry.rawu
brings to them the sympathy aud active aid af all
Il others engaged in similar schemes II the defsn
ants Gre wealthy, as is often tho case, Ly u liberal
eNDeIditure of money they secure the acquaintance
and friendship of prominent men VINO arc OF a SO
Cinl fi6JCSition. and whose Omen and ElDlIC aSSG~