The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-12-18
DEPARTMENT. OF JUSTICE.
VARIOUS RECOMMENDATIONS.

NAislOoS lsEIoMn DAllDNS.
The report of the attorney general contains n
history of the conduct of the department Of JUS
tice during the last year and a number of valua-
BILE suggestions as to needed legislation and l
invite your careful attention to the same. The
condition Of business in the courts of the United
States is such that there seemst to be an impera-
tive necessity for remedial legislation on the
subject. Some of these courts are so overburd-
ened with pending causes that the delays in de-
termininG litigation amount often to Il 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 juris-
dicllon OF the circuit courts to the district courts
and an increase Of Judges for the latter where
necessary, an addition of judges to the circnit
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 Tie supreme court from
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. l APP
prove the plan thus outlined and recommend the
legislation necessary for its application to our
judicial system: The present mode of compen-
satlnS United States EiarshalS 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 a fixed limit as to
their annual aggregate. This is direct induce
ment for them to give their fees III criminal
dS itI SG ii . icsSljlC ii Ill eliot % reach
the maximum sum permitted. AS an entirely
natural consequence. unscrupulous Inarshals
are found encouraging frivolous prosecutions,
n~rresting people on petty charges of crime and
transporting them to distant places for cxaruin-
alton and trial for the purpose OF earning mile
nEo and other fees, aud district attorneys use
lessiy attend criminal examinations far frar1
their places of residence for the express pur-
pose of swelling their accounts against the gov
ernment. 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 cxpendi-
trre increased, for the purpose OF furnishing
measure of their compensation. ! think mar
shals and district attorneys should be paid sal
aries adjusted by u rule which viii make them
commensurate with services fairly rendered.
In connection with this subject | desire to sug-
gest the advisability, if it 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 misdcmeauors. Such trials
might be made To depend upon the option OF the
accused. Tho multiplication of small and
technical ohenses, especially under the pro-
visions OF our internal revenue law. render some
change in our present system very advisable III
the interests or humanity as well as economy.
The district courts are now crowded with petty
prosecutions Involving a punishment in cases Of
conviction of only a slight fine. while the parties
accused are harassed by an enforced attendance
upon courts held hundreds of miles from their
homes. il poor and friendless they arc obliged
to remain In jail daring months, perhaps, that
elaDse before q 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-
cased and the expense of the same, and for sum
moning witnesses before n commissioner, n
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 ad-
mini,trStion of our criminal law should be
rcne4ied, and il the plan above suggested is not
practicables onc other should be devised.