The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-12-05
THE ATToRNEY.oENERAL

Submits Ills ANIMAL Report, Containing
Many Valuable Suggestions OF Reform in
Practic Before United States Courts-A
National Penitentiary Recommended ~
an Economic Measure.
WASHINGTON, d. c., November &c.
Attorney-General Brewster has COM
pleted his annual report. 1t contains num-
Der of suggestions and recommendations
looking to new legislation amendatOry of
existing statutes. Our criminal proceed
| ure is faulty. In criminal cases the
| pleadirgs should be simplified, 8 uniform
system of challenges provided and the
! trials shorn of the technical objections
and numberless dilatory motions that can
now be interposed to prevent speedy
trial upon merits. In preparing indict-
ments for offenseS against the United
States 1t is now necessary to follow the
common law forms of the last century,
with all their technicalities, verbosity of
description and repetitioDs, SO that what
should be q simple and concise written
accusation, becomes long and confused
mass of descriptions and allegations,
wholly unintelligible to both defendant
and jury.
With view to remedyin9 the evils,
omissions and defects of criminal pro-
cedure, Mr.. Brewster submits number
of carefully prepared forms, and recon-
mends their adoption as general laws for
the courts of the United States. He
recommends that the statutes authorizing
outgoing United States Marshals to exc
cute all processes in their hands at the ex-
piration of their commission, be changed,
so as to require them to turn over to
their SUCCESSORS all unfinished business.
The present law, Mr.. Brewster says, leads
to confusion and conflict of authority, as
we'll as delay in the settlement of Mar
shal'S accounts.
He recommends salaries for United
States Marsbals and District Attorneys.
The present fee system is an expensive
one. 1t is estimated that it costs the
Government $40 in expenses for every
dollar of the Marshal's emOluments which
shows that it would be to the interest of
the Government to give the Marshal q
fixed compensation, so as to remove all
inducements to perpetrate frauds upon
the Government and frauds upon the cit
iZen.
The same reasons in favor of salaried
officers apply with even more force to
United States Attorneys, who examine
the accounts of Marshals. The emolu-
ments of the Attorney ought not to be
contingent upon the amount of business
done by the officer upon the correctness
of whose accounts he must pass.
Mr.. Brewster recommends that the
Attorney General be given authority to adj
Just salaries of Marshals upon some basis
to be fixed by law.
On the subject of United States pris-
oners, the Attorney General favored the
erection of Penitentiary centrally 10.
Gated end controlled by the United States
in which to confine its own prisoners. 1t
is not always possible to secure such
treatment and discipline for prisoners
confined in State and municipal institu-
tons best calculated to affect their
reformation. United States prisoners, as
rule, are of better class of men than
the average convict, and are capable OF
performing better work. If a Govern
ment prison were erected the eonvicts
could be employed in the manufacture OF
supplies exclusively for the Government.
This would keep them employed. and
should render the Penitentiary almost
self-sustainining. 1t also would avoid
any objection to convict labor, while the
taxpayers would be relieved almost en-
tirely of the burden of supporting them
If Congress acts upon this recommends
ton, it is suggested that the Penitentiary
should be erected at some central point
where there are ample railroad facilities
for the transportation of the goods manu-.
featured by them.
The Star Route civil suits, the Attorney
General says, have been vigorously
pressed. In fourteen cases instructions
to bring suit have been given, and in six
or eight process has been issued and suits
commenced.
The condition of the public service,
Mr.. Brewster says, so far as it relates to
officials in his department, is grea-.y i'm.
proved. This is due to the active efforts
of the present administration in checking
irregularities, correcting abuses and
Furnishing frauds and eXactiOns COM
mitted by Marshals, District Attorneys
and Commissioners in a number of dis.
tricts. In every case where these mattert
came to his attention he has done all in
his power to remedy, and in some cases
has succeeded in the conviction and pub
lie punishment of such offenders.
In these efforts to improve the public
service many difficulties were expert
enced. They were resisted by delin.
quent officers and their adherents; but
the useful and purifying effect following
conviction and Imprisonment was soon
felt in the whole service.
In order to continue this strict super.
vision of the conduct and accounts OF
court officers, he recommends an ample
appropriation by Congress.