Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1891-02-12
ADMINISTRATION OF LAW IN
THE TERRITORY.

ADnlNlSThATION OF LAW IN
THE TERRITORY.
We are informed that the Hon.
orable Attorney General of the
United States, has notified United
. States Attorney Walrond and the
judge ofthe United States court at
Muskogee, that in order to secure
the continuation Of the courts in
the Indian Territory, they must be
run on very much less expense
that the cost has become so
enormous that there must be an
immediate and decided reduction
in this respect and suggests the
non-prosecution Of "trifiing'' cases,
by which we suppose he meons the
lower grades of misdemearors
enumerated in chapter As of the
Arkansas digest. In pursuance of
this notification il is ordered that
there be no more prosecutions Of
"trivial" cases before the Com
missioners, and no more warrants
Issued by them except upon COM
plants first submitted TO the Unit
ed States Attorney and by him ap-
proved, and that hereafter there
will be no prosecutions except the
graver cases Of high misdeneanors.
In other words, most Of tlie offen-
ses desn-ityva-tn the crimes chapter
of the Arkansas digest will be ig-
nored and no attempt made TO en-
force them. Upon the peaceably
disposed and law abiding citizens
of the territory, this announcement
will have a disheartening effect
and will embolden the lawless and
encourage them to deeds of vio-
lence. 1t will not only increase
crime but will tinge with deeper
color all its manifestations, for
UNPUBLISHED minor offenses are the
germs of all the higher misde-
meanors and felonies. The good
influences OF the courts will thus
be paralyzed in certain degree
and their fruit blighted.
This order is made, not because
the prosecution of what is denomi-
mated 'trifiing" or "trivial" cases
has not been beneficial to the ter
ritory, but simply on account of
its cost. The work done is ap-
proved; it is the expense that is
disapproved, and herein it is sp-
parent that the Attorney General
is right. He is wrong only in the
remedy applied. The fault lies in
the method Of executing the law
and not in the law, and instead of
suspending it in order to save ex-
peqse, the manner of its execution
should be changed so as not TO
make necessary these enormous
sums. Thesystem now in practice
is not founded upon any sound
business principles and demands
immediate and radical modifica-
tion. We insist that law, SO long
ms it remains upon the statute
f, book, should be executed. If the
Legislature has declared certain
acts &c be criminal, the courts
should not refuse to take cogniz-
ance Of them because in their opin-
ion they are "trivial." Solemn |
enaclmenis Of the legislature can
hardly be properly branded as
trivial To be sure there are
different grades OF crime calling for
different degrees Of punishment,
but because the particular offence
Is mild one, II does not mecca
sarily follow that it is a "trifling"
ono or one that should pass un-
noticed.
AS already intlmated, the trou-
Bile lies ia the machinery by which
the law Is executed. We have
superior courts and inferior courts,
the machinery Of each order being
adapted 10 the character Of the
dulios 70 be performed. and run
nl a cost corresponding to the grade
Of work 10 be executed. Common
sense teaches ns that The superior
court should not be burdened with