New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-05
MR.. MILLER'S REPORT.
EVEN OF THE WORK IN THE DEPART
MENT OF JUSTICE.

MENT Of SoSAASN'
s,,rrs IN H COURT OF cLAIMs-THE suPREME
o-ornr-SEpp OF MORE UNITED STATES
n1s CHINESE IMMIGRATION RE-
ORGANIZATION or H JUDICIARY
DIFFICULTY IN
THE LAw-RECoM-
MENDAr1oNs.
,vo., noc A-The annual report Of Attor-
r.v Lcsnerol Miller was made public to-day and gives
a detailed statement Of business OF the united sta'es
Srn,.n. rorrt and the Court OF Claims, ana Oh
ON The ,udicial proceedings during the last fiscal
year in which the United States was O party.
The aeeregate number OF suiss now pehoihg III
the Court OF Claims Is about la,0oo' WITHOUT resaru-
ing the great number OF suits mVoNi"e many m.Io
Of dollars IN special jurisdictions, ana the french
cr,,,o+,on claims. The War claims alone now pending
- about 5000 I'm number, and estimated upon tho
tas,s of amounts claimed in cases tried earlier IN
their history will aggregate at least S4ooooo'oVo'
rm."s. claims are now carefully examined. Tho
ey,dence. largely to be found In the SOUTH ahd III
the confederate archives, Is carefully searched out
and riridIy scrutInixcd, with the result that COM
paratively few of these END In Judgments against inc
Government.
During the last year, under the general jurisdiction
., the court. claims amounting to almost 100000
have been disposed Of. In these cases the amount TO
covered has been about 100000. Claims against tHe
district Of Columbia have been adjusted by inc DC
nartment to the extent of s650,o0o, resulting In ,udg
mcrts OF only about S45, 600. Of the war Claims
tried. tho amount claimed was nearly 81 ,ooo'ooo' anu
q, these cases findings have been made for claimants
only for 100000. g..
In Departmental cases tho innings nave pccn 4"
each case adverse to the claimants.
On the subject of Government suits to advance pri'
vate interests, reference being made particularly 70
suits 10 reclaim lands held under patents, tine Attorney
General says:
tice WAS altogether mlschievous; that the Government oush'
not n hiring any sui: to unsettlc q title, except In cases
where IT has an interest sufficient 70 justify such a suit' OF
where. by reason OF the action OF its officers, 1t was unuer =
legal or moral obligation To act In behalf oil uose q
Neon ndsled TO their hurt by its conduct; and In no case
ought the Government to bring such q suit where us IN
,ares. o r obligation was not sufficient to demand that the
litigation be undertaken and prosecuted at Us own eApchso
and risk. Accordingly, the rule OF the Department IL 70
decline TO bring such suits.
The Attorney-General says:
Az seycral places where United States courts are neio
the number Of persons arrested for violations Of TIE united
States laws and held awaiting trial or serving SNORT SEN
fences is very great, and the accommodations OF the oount!
iats are oftentlmes meagre. This necessl'ates ~ oio""'
ing M Government prisoners into institutions ehtreiy 700
small. There is on urgent necessity for the building OF a
United States jail at Atlanta, Ga. one ut Paris, ieNas'
and one at Louisville, KY, and OF other points "here NC
average Of United States prisoners Of this character I'D
number is one hundred or more.
Vic,lant efforts have been made TO enforce the ieeisia-
Non excluding Chinese immigration. One Of the most CON-
mon devices for getting these people into the country was
10 land them either in Mexico or In the DOMINION Oh ,"nau"
and permit them to come across our Southern or northern
bo,der into the United States. By the cooperation OF the
oe,co,s NJ the Treasury Department and the Department OF
Justice. however. It Is believed that most attempts OF this
kind have been frustrated, as have the attempts 10 prinR
them directly through the ports OF the United states upon
the Pacific. -,
,roust : 1883. recurring all telegraph lines subsidized
by the Government, by and through their own respective
corporate officers and employees, to maintaii ana opera"
for railroad. governmental, commercial and all other pur'
poses such telegraph lines, and requiring the Attorney.
General by proper proceedings to prevent any uniawful
interference with the rights and equities OF the United
States in relation to such telegraph lines.
The report contains a number Of other recommen'
dattone, viz. That. the bill in favor OF Government
penal institutions, which has already passed the
House Of Representatives, may become a iaw
that Congress authorize the establishment OF
q Prison Bureau I'm the Department OF Justice
that the crime Of murder be divided into different de-
frees. and the punishment graded accordingly thai
courts In the Indian Territory receive full jurisdiction
in cases OF ~felonies, and that the salaries OF all assist
ant attorneys IN the Court Of Claims be fixed at $4,000
per annum.
In regard 10 the f6OrBdulZatlOu VI tWc Judoioiy, -"
says:
For several years the Attorneyoeneral in his annual
rsport has called attention to the necessity Of legislation
for the relief of the courts, and especially the Supreme
Court. 1t IL q matter Of congratulation that, during the
last session Of Congress, each House passed q comprehen'
sive bill for this purpose, which bill has reached commit
tee Of conference. 1t is earnestly hoped that This lesisla'
ton, 80 far advanced, will not now be permitted b fall, but
that in'a spirit Of Cancellation differences will be reconciied
and this mucn.needed legislation will be completed.
~ "a 4 hnO N ayfnnqst sbnf GOmn Srpcia
legislation will be necessary for the relief OF the Circuit
Courts, at leas. in the Eighth and Ninth Circuits, whose
territory IL 50 vast and whose business is constantly increa.
ing.
ON the subject of case and fe making abuses he says
In the enforcement OF the laws for the protection o.
| timber upon public lands 1t has been found that great mum.
! bers OF cases have in the past been begun before the
| United States Commissioners against axemen or day laborers
| while those primarily responsible. and who are making large
| profits by the cutting and selling Of such timber. have
been permitted to escape. In some districts hundreds o
! prosecutions nave been begun against such laborers, exsmi
| nations had before commissioners at great expense To the
| Government. the cases then sent to the court. pleas Of guilty
| entered and sentences suspended; the only enect beine
that the Government was compelled TO pay large cost
10 witnesses and court officers Similar practices have
| also largely prevailed In internal revenue cases. These
| practices have met with no favor at the hands Of the
| Department. On the contrary, district attorneys and mar
shals have been sdmonished that they must cease; that
prosecutions for timber trespasses ought to be begun
l DrllQnilly against the OpcTdtorS VIM oIc INC pIHAc iohti
In raids upon the public lands and that, in any event
| an offence which is sufficiently important to demand ar
| arrest, an Indictment and q trial is OF sufficient importance
to demand punishment. So great were these abuses tina
| the attention OF the Judiciary COMMITTEES Of the House o.
| Representatives was called TO the zane, aud has resulted
In ON investigation by a subcommittee which has already
as 1 think, resulted in q great improvement.
In a chapter in regard to the difficulty OF enforcing
the law OF the land, the Attorney General says.
In some Parts Of the country the lawlessness to whicl
| attention was called in the last annual report OF thi
Depertment continues. The enforcement OF the Intema
Revenue laws and OF the United States Election laws, 4
particularly resisted, and officers OF the Internal Revenue
az well as United States msrshals, are frequently me
with violence, and they are occasionally the victims o
assassination at the hands OF those guilty OF VIOLATING
these and other laws and their friends. Several assa,sina
tons of officers and witnesses, with TIE purpose OF I'm
pedinq the execution OF the laws and orders OF the Cnite
States courts, have occurred during the past year. Within
the last ten days a deputy marshal, attempting TO serS
a warrant for the arrest OF a man Tor VIOLATION oi the porta
laws. was shot and instantly killed by the man sought 3
he arrested aud on q preliminary examination before
magistrate q the State, the prisoner was promptly dis
charged.
4, e cartainly An anomaly In government that those VIII