The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-26

time the Supreme Court OF the United STATES
has not exercised any general appellate
Jurisdiction In criminal cases.
The act OF March 8. 1891, provides In the
first place that appeals or writs OF error may
be taken from the District Courts or from
the existing Circuit Courts direct to the Su-
prone Court In all cases Of conviction Of
capital or otherwise infamous crime"
Further on the statute provides that the now
Circuit Courts OF Appeal shall exercise APP
pellate Jurisdiction, and the judgment or de-
crees OF such courts shall be final I'm all
cases nrlsing under the patent laws, under
tho revenue laws, and under the criminal
laws and In admiralty cases." except that
such Circuit Courts may certify to the Su-
preme Court at Washington questions or
propositions Of law concerning which 1t de-
sires the instruction OF that court for q
proper decision.
These provisions concerning appeals In
criminal cases at first sight seem contra
dictory. Considering them together. how
ever. the meaning appears to be that In cap
ital cases and cases where the offence comes
within the legal definition Of an infamous
crime, there is right OF appeal direct to the
Supreme Court; and that in all other GRIM
innl cases, including the lesser grades OF
crime, the right of appeal extends no fur
thor than to one OF the new Circuit Courts.
II this view ia correct. the Supreme Court
OF tho United States will find its criminal
business very largely increased by this
recent judiciary Legislation, and the labors
OF the Judges Ia one fold Of jurisprudence
will be greatly augmented. The legal sig
nflcanco Of the phrase Infamous crime"
has twice been passed upon by the Supreme
Court itself within the last few years. In
the WILSON case. which arose In Michigan
In 1885, the court was called upon to con-
slider and define the meaning OF the phrase
Infamous crime" rs used IN tho Fifth
Amendment to the Federal Constitution.
It had been argued that no crimes were
Infamous within the meaning Of the organic
law except such offences as had been 80 de-
clared by Congress. The Supreme Court,
however, declined to accede to this proposi.
ton. "For more than century," said Mr..
Justice GRAY, imprisonment at hard labor
In State prison or penitentiary or other
similar institution has boon considered an
infamous punishment In England and
America" and the court held that crime
punishable by imprisonment for term Of
years at hard labor was an infamous crime
within the meaning OF the Constitute ion. Tho
test as to whether crlmo was infamous or
not was declared to BIO the quest ion whether
1t Is one for which the statutes au-
thorize tho court to award an infa-
nous punishment. Still later. in the
MAcKIN case. the court went further, ani
held that hard labor was not necessary in
order to make punishment Infamous.
saying: I'VE cannot doubt that at the
present day imprisonment In State prison
or penitentiary, with or without hard labor,
is an infamous punishment. 1t is not only
40 considered in the general opinion Of the
people. but it has been recognized as such
in the legislation OF the States and Terri
tories as we'll as Of Congress-"
Under these decisions all offences which
by act Of Congress are made punishable by
imprisonment in a State prison or peni-
tertiary come within tho definition OF in
famous crimes and accegshg to the new
statute it would seem that convictions in
all such cases tried in the United States
courts may be taken directly to the Supreme
Court OF the United States for review.