The Warner sun. (Warner, Brown Co., Dakota [S.D.]) 1885-1???, 1885-12-18
DEPARTMENT OF JUSTICE.
YARfous REcoNMENpATToNs-


The report OF the attorney general contains q
history of the conduct, of the department. Of JUS
tice during the last year andia number OF valua~
Bile suggestions as TO needed legislafio IGN and /
invite your careful attention TO the sEzse The
condition of business insthe courtsof TING United
States is such that there seems 10 beam tmpera-
tive necessity for remedial legislation on the
subject. Some OF these courtsSare SO, overbdrd-
ened with pending causes that the delaysi In de-
termining litigation amount cftenito a denial OF
justice. Among the plans suggested for relief -
one submitted blythe attorney general. L5g main
features are the transferred all the original Juris-
diction of the circuit courts To the district courts
and an increase OF judges for the latter where
courts and constituting them exclusively cOuTJs
of appeals and reasonably limiting appeals
thereto. Further restrictions OF the'righb to
remove causes from the state TO federal Courts.
the District Of Columbia, and the territories only
in the same cases as they are allowed from state
courts, and guarding against an unnecessary
number OF appeals from the circuit court APP
prove the plan thus outlined and recommend the
legislation necessary for its application 70 our
judicial system. The present mode or conpen-
sating United States mSrshals and, district AL
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 q fixed limit 40 TO
their annual aggregate. This Is direct induce
rnent for them to give their fees In criminal
cases as large as possible In an effort TO reacn
the maximum sum permitted. AS am entirely
natural consequence. unscrupulous mar5hals
are found encouraging frivolous prosecutions,
a~rresting people on petty charges OF crlnze ana
Transporting them to distant. places for examin-
alton and trial for the purposeNof earning m1ie-
age and other fees, and district attorneys USE
lessiy attend criminal examinations lar from
their places OF residence for the express pur-
pose OF swelling their accounts against the gov
eminent. The actual expenses incurred Ia
these transactions are also charged against the
government. Thus the rights and freedom OK
our citizens are outraged and public expendi-
ture increased. for the purpose or furnishing
public officers pretexts Tor increasing tne
measure of their compensation think mar
shals and district attorneys, should be paid SAL
aries adjusted by a rule which will make them
commensurate with services fairly rendered.
In connection with this subject / desire to EnR-
gest the Availability, If IL be found not obnox-
ious to constitutional objection. OF investing
United States commissioners with the power Cd
try and determine certain violations OF law
might he made TO depend upen the option OF the
accused. The multiplication OF small ana
technical o~fenses, especially Eader the pro-
visions of our internal revenue law. render some
change in our present system very advisable In
the interests Of humanity as well as economy.
The district courts are now crowded with petty
prosecutions involving q punishment In cases OF
conviction Of only a slight fne. while the partles
accused are harassed by an enforced attendance
upon courts held hundreds Of miles from their
! homes. IT poor aud frfendless they are Obliged
to remain In jail during months perhaps. .Iias
elapse before a session Of the court is held. ana
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 governments MS
fees for an arrest, the transportation OF the &C
cused and the expense Of the same, and Tor SUM
moning witnesses before q commissioner, 9
grand jury and a court. The witnesses nave
been paid from the public funds large fees ana
travelling expenses. and the commissioner ana
district attorney have also made their charges
against the government. This abuse In the ad-
ministration of our criminal Law should be
remedied. and II the plan above suggesseu - nos
practicable some other should be devised.