The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-09
The Juay.~ry-American Citizenship.

The report of the Attorney general contains a
history of the conduct of the Department
of Justice, during the last year. and a
number of valuable suggestions as to
needed legislation, and 1 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 imperative neces
sty for remedial legislation on the subject
Some of these courts are so overburdened with
pending causes that the delays in determining
litigation amount often to a 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 jurisdiction 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 ap-
peal, and reasonably limiting appeals
thereto further restricting the right to
remove causes from State to federal courts
permitting appeals to the Supreme Court
from the courts of 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 Courts. approve the plan thus out
lined, and recommend legislation necessary for
its application to our judicial system.
The present mode of compromising United
States marshals and district attorneys should in
my opinion, be changed They are allowed to
charge against the government certain fees for
services, their income being increased by the
amount of SUCH fees, within fixed limit as to
their annual aggregate. This is direct induce
ment for them to make their fees in criminal
cases as large as possible, in an effort to reach
the maximum sum permitted. AS an entirely
natural consequence, INSCRIPTIONS marshals are
found encouraging frivolous prosecutions, ar
resting people on petty charges Of crime,
and transporting them to distant places
for examination and trial, for the pur-
pose of earning mileage and other fees;
and district attorneys uselessly attend criminal
examinations far from their places of residence,
for the express purpose of swelling their &C
counts against the government. Actual expenses
incurred in these transactions are also charged
against the government Thus the rights and
freedom of our citizens are outraged, and public
expenditures increased, for the purpose of fur
nshing public officers pretext for increasing
the amount of their compensation. | think mar
shals and district attorneys should be paid sal
aries, adjusted by rule which will make them
commensurate with services fairly rendered.
In connection with this subject l desire to
suggest the advisabiiity, if it be found not oh
noxious to constitutional objection, of investing
United States commissioners with the power to
try and determine certain violations of law
within the grade of misdemeanors Such trials
might be made to depend upon the option of the
accused The multiplication of small and tech
meal offenses especially under the provisions of
our internal revenue law, render some change in
our pfeSeu1 system very OeSlraDle IN the inter-
ests of humanity as we'll as economy
The District Courts now crowded with petty
prosecutions, involving punishment in cases of
conviction, of only slight fne while the parties
accused are harassed by an enforced attendance
upon courts held hundreds of miles from
their homes IL poor and 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 with but little opportunity for defense
In the meantime, frequently the marshal has
charged against the government his fees for an
arrest, the transportation of the accused and the
expense Of the same, and for summoning wit
nesses before commissioner, grand jury and
a court. The witnesses have been paid from the
public funds large fees and travelling axpenses
and the commissioner and district attorney have
also made their charges against the government
This abuse In the administration of our criminal
law should be remedied and if the plan above
suggested is not practicable, some other
should be devised.
The inadequacy of existing legislation touch
ing citizenship and naturalization demands your
consideration. While recognizing the right of
expatriation, no statutory provision exists pro-
viding means for renouncing citizenship by an
American citizen. native born or naturalzed,