Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-12-10
TEE TELEPHONE CASE.

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'During the past year the government has
been pushing as vigorously az possible the TAX
ing OF the testimony in this case. The policy
OF the defendants in this litigation has been one
OF delay from the first Cross-examinations
have been protracted for weeks and months,
delay q final decree in the case until the
expiration OF the life of the patents in dispute.
Notwithstanding these delays the testimony Of
the government is nearly all taken, and would
have been completed before the LIST Of October.
but for the fact that, on application Of the de-
PENDANTS, an adjournment was ordered by the
court in the middle Of August to the LIST Of Oc-
tober."
THE rrArA CASE.
After reviewing the Itata case, the lbeling Of
the vessel and the indictment Of Trumbull and
Burt the report adds: Upon trial of this in
dictment, commencing on the goth Of October
last it was held by the district court that these
proceedings were not in violation Of the neu-
trality laws Of the United States first because
the enterprise was q legitimate commercial
transaction, and second, because the congress
sional party Of Chile. not having at the time
ceived recognition from the government of the
United States either as . government de ture
or as belligerent, the acts done by the repre-
sentatives Of and in the interest Of that
party, in the way Of hostilities against the
Chilean government, were not in violation Of
any statute Of the United States. In short, that
it Is only in the interest Of . government
recognized as such de jure. or a belligerent
that the neutrality statutes Of the United States
can be violated
Experience shows that it is by unrecognized
insurgents and revolutionists, having every
thing to gain and little to lose, and often there
are most frequently violated. Without dis
cussing the proposition that such transaction
Is legitimate commerce, / venture the
suggestion that in case Of serious injury to
the commercial or other interests Of a nation
with which we are at peace by ships fitted out
In our harbors plea of such non-recognition
would be q very insufficient answer before .
board of arbitration or the tribunal of Just
public opinion.
II the construction given to these statutes by
the trial court shall be sustained on appeal the
statute should, think, be amended.
DEGREES OF MURDER.
The Attorney General says: have hereto
fore called attention to the fact that in most Of
the states the statutes recognize degrees in the
crime of murder, and prescribe corresponding
punishment In the federal system no such
distinction, either in crime or the pun
ishment, is known The penalty prescribed
for murder, whether it be of that atrocity
which under the state statute would be charac-
terized as murder in the first degree or the
lesser offense known az murder in the second
degree, is death. The court in passing
sentence upon the verdict, has no dis
erection, and the only relief where the death
penalty ought not to be inflicted is in an appica-
ton for executive clemency. Moreover,
juries. knowing that verdict of guilty neces-
sarily involves the death penalty, naturally re-
fuse to find such a verdict in many cases where
they would readily find verdict Of murder in
the second degree. 1t seems to me that this
state OF things ought to be remedied by
statute.
AMENDMENTS OF LAWS IN DISTRICT OF COLUMBIA.
Attention is also invited to the state of the
law in the District upon the subjects of adul-
terry and fornication. There is no punishment
for the latter and very inadequate one for the
former. The act of Maryland Of Ills,
chapter 81, made both adultery and forni-
cation punishable, but the section of that act
relating to fornication was repealed by
the general assembly of Maryland prior to the
cession OF the territory of the present District
Of Columbia to the United States government,
and no laws upon either of those SUBJ
jects applicable to this District have ever
been enacted by Congress. 1t is believed
that the section Of the act Of HIS above re-
ferred to, SO far as it relates to the crime Of
adultery, is in force in this District, but the
punishment therein prescribed is only fine of
E3 sterling. 1 am informed that in the trial of
petty cases in the Police Court of the District
it is frequently developed that persons liv-
ing together who have never been mar
ried and also that persons having husbands
persons, and that this practice is carried to an
alarming extent. 1t is believed to be on the
increase. and it seems important that there
should be some adequate punishment that will
break up such immoral practices.
In order to obtain additional room needed
by the Court Of Claims an appropriation of
y, 100 Is recommended to pay for roofing over
the alley on the east side of the building.
THE EVILS OF THE FEE SYSTEM.
The report says: The attention Of Congress
has been repeatedly called to this subject by
my predecessors as well as by myself, and we're
the evils of the system less I should hesitate
to again ask that it be changed. As,
however, every year and month makes
more plain that the payment Of United
States attorneys, marshals and commissioners
results yearly in vast expenditure of public
money, not only to no good purpose, but what
is worse, in creating and pushing forward
prosecutions with view solely to make fees
against persons who ought not to be prosecuted
at all, 1 should fall short of what believe
to be my duty if did not urge a change
in the interest Of a just administra-
ton of the laws as well as of
public economy. believe that if these officers
were paid stipulated salaries. fairly commensu-
rate with the work they have to perform, the
total cost Of the courts by reason of the great
reduction in the fees and mileage of jurors,
prisoners and officers would be greatly lessened,
and that with positive improvement in the
administration OF the laws.
As closely related to this subject of fees and
as vitality entering into the administration of
the Department OF Justice, with the consent Of
the first controller, subjoin pages to IL Of
his report for the current year as Exhibit T."
The facts therein presented and the prac-
tees therein referred to, appear to me to call
loudly for legislative action. We're it not
established by decisions of the courts it would
be difficult to believe that suits by public Off
GERS against the government are permitted to
be brought and maintained and costs therein
assessed against the government upon claims
which have never been presented to
the accounting officers Of the treasury
Nor, in the absence of incontestible proof,
would it be easy to believe that the same man
should be appointed as clerk of both the circuit
and district courts in any district and at the
same time hold the appointment as commits
sioner OF the circuit court, thus receiving the
salary OF three offices at once aggregating
three times the maximum allowed by law to
the clerk of one court.
also concur in the suggestion of the con-
troller as to the propriety of a limitation upon
the time for the presentation of accounts to
the accounting officers
A wOMAN'S CHECKERED LIFE.
The Strange Career Of Mrs. Florence Miller
Countess Daughter.