New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1885-12-16
DEPARTMENT OF JUSTICE
VARIOUS RECOMMENDATIONS.

The report Of the attorney general contains a
history of the conduct of the department Of JUS
tice during the last year and o number Of valua-
bic suggestions as to needed legislation and
invite your careful attention to the same. The
condition of business in the courts Of the United
States is such that there seems to be an impera-
tive necessitv for remedial legislation on the
subject. Some Of these courts are so overburd-
encd with pending causes that the delays in de-
termining litigation amount often to denial Of
justice: Among the plans suggested for relief is
one submitted by the attorney general. Its main
features are the transfer Of all the original jurs
dcion Of the circuit courts to the district courts
and an increase Of judges for the latter where
necessary, an addition of judges to the circuit
courts and constituting them exclusively courts
OF appeals and reasonably limiting appeals
thereto. Further restrictions of the right to
remove causes from the state to federal courts,
permitting appeals to the supreme court from
the District Of Columbia, and the territories only
coarts and guarding against an unnecessary
number OF appeals from the circuit court lap
prove the plan thus outlined and recommend the
legislation necessary for its application to our
Judicial system. The present mode of c0mpen-
satinR United States marshals and district at
torneys should. In my opinion, be changed. They
are allowed to charge against the government
CERTAIN FEES
for service, their income being measured by
amount of such fees within = fixed limit as to
their annual aggregate. This is direct induce
ment for them to- give their fees In criminal
cases as large as possible in an effort to reach
the maximum sum permitted. As an entirely
natural consequence. interruptions marshals
are found encouraging frivolous prosecttuons,
arrestinR people on petty charges Of crime and
alton and trial for the purpose Of earning mile
age and other fees, and district attorneys USE
lessly attend criminal examinations far from
pose Of swelling their accounts against the gov
eminent. The actual expenses incurred in
these transactions are also charged against the
government. Thus the rights and freedom of
our citizens are outraged and public expendi-
ture increased. for the purpose Of furnishing
public officers pretexts for increasing the
measure Of their compensation. think mar-
shals and district attorneys should DO paid sal
aries adjusted by = rule which will make them
commensurate with services fairly rendered.
In connection with issubject desire to su0-l
gest the advisability. II IL be found not obnox-
i9us to constitutional objection. Of investing
United States commissioners with the power to
try and determine certain violations Of law
within the grade Of mtsdemeapOrs. Such trials
q
technical ohenses, especially under the pro-
visions OF our internal revenue law. render aOme
change In our present system very advisable in
the interests OF humanity rs well a. economy.
The district courts are now crowded with petty
prosecutions involving punishment in cases OF
conviction OF only slight hne while the parties
upon courts held hundreds Of miles from their
homes. II poor aud friendless they are Obliged
to remain in jail during months, perhaps, that
elapse before session Of the court Is held. and
are finally brought to trial surrounded by
strangers and with but little real opportunity
for defense. In the meantime, frequently, the
marshal has charged against the government his
fees for an arrest, the transportation Of the &C.
cused and the expense Of the same, and for sum
moning Witnesses before commissioner, q
grand jury and court The witnesses have
been paid from the public funds large fees and
travelling expenses, and the commissioner and
district attorney have also made their charges
against the government. This abuse in the sd
of eur criminal law should be
and II the plan above suggested III not
practicable some other should be devised