The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1885-11-27
DEPARTM ENT OF JUSTICE.

The report of the attorney general contains a
history OF the conduct of the department Of JUS
tice during the last year and u number OF valun-
bic suggestions rs to needed legislation and j
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 necessity for remedial legislation on the
subject. Some OF these courts are 30 OVERHEARD
ened with pending causes that the delays In do
tcrminiug litigation amount often To u denial OF
Justice. Among the plans suggested for relief Is
one submitted by the attorney general. It's main
features are the transfer of all the original Juris-
diction OF the circuit courts Ia the district courts
and an increase 81 judges fCr 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 fram the state To federal courts.
permitting appeals tie the supreme court from
the District9k Columbia, and the territories only
in the same cases as They ara allowed from state
coarts, and guarding against an unnecessary
number of appeals from the circuit court. i ap-
prove the plan thus outlined and omm the
legislation necessary for It's application To our
judicial system. The present mode OF coinpcn-
sating United States marslals and district at
tolncys 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 n fixed limit rs To
their annual aggregate. This Is direct induce
mcnt for them to give their fees In criminal
eases az large az possible in an effort tn reach
the maximum sum permitted. As an entirely
natural consequence, INSCRIPTIONS marshaiS
are found encouraging frivolous prosecutions,
arrcsting people ON petty charges of crime and
transporting them To distant places for cXamin-
alton and trial for the purpose of earning mile
age and other fees, and district attorneys use
lesSIy attend criminal examinations far from
their places of residence tor the express pur-
pose of swelling their accounts against the gov
ernmcnt. The actual expenses Incurred IN
these transactions are also charged against the
government. Thus the rights and freedom of
our citizens are outraged ana public cXpcnul-
turc Increased, for the purpose of furnishing
public officers pretcNts for increasing the
measure of their compensation. i think mar
shalS and district attorneys should DE paid sal
aries adjusted by "A rule which VIII make them
commensurate with services fairly rendered.
In connection with this subject l desire to sug-
gest the ACCESSIBILITY, IL il be found not obnoX-
ious to constitutional objection, OF investing
United States commissioners with the power to
try and determine certain violations OF law
within the grade Of misdemeauors. Such trials
might he made To depend upon the option OF the
accused. The multiplication OF small and
technical offenses, especially under the pro-
visions of our internal revenue law. render some
change in our present system very advisable in
the interests of humanity us well as economy.
The district courts are now crowded with petty
prosecutions involving a punishment III cases OF
conviction of only a slight fine. while the parties
accused are Earassed by an enforced attendance
upon courts held hundreds OF miles from their
homes. III poor aud triendless they are Obliged
to remain in Jail during months, perhaps. that
elapse before a 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 ac-
cused an! the expense of the same, and for sum
moning witnesses before n commissioner, a
grand Jury and a 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 adj
ministration of our criminal law should be
remedied. and II the plan above suggested Is not
practicable some other should be devised.