The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-27

represent man better suited to the ardu-
Gus and important Office than is the present
incumbent
Were l to be appointed Attorney Cen
eral Tomorrow" said l, by way of defining
the situation. what routine of work should
l have TO PERFORM"
Well, said Mr.. Miller, ito put it in a
word. the Attorney General is the lawyer
for the Government. He Is called upon to
deliver opinions on all matters involving
legal discrimination that come before the
President, or before the Secretaries, pro-
yided. in the case of Secretaries that they
can show the matter in question to be one
which IT falls within their scope to have de-
termined. Every SORT of legal question is
referred to this office from the sources
named. The State Department contributes
many then there is much from the Treas
ury-fscal questions; the Interior Depart
ment, which includes the Patent Office, gives
great number; opinions have to be deliv-
cred regarding the indians and the land
laws"
" But mrst you, individually, pass upon
all these questtons?" asked.
There are three assistants here, who
write opinions, Mr.. Miller replied The
Solicitor General acts when l am absent
fnd there is a secretary in the Supreme
Court. 1t is not absolutely incum bent uDon
the Attorney General to argue cases. Mr..
Garland. l believe argued none. L Shall
have but eight or ten this term. OF
course. | am responsible for what is done
in my office"
Against whom are your arguments de-
liveTed ?" inquired
"Well," said Mr.. Miller. am in the OPP
posite category to that of the newly landed
immigrant who, you remember, was agin the
Government, be it what it might. | am for
the Government in everything"
remarked that, great as the amount of
work must be, the sense OF responsibility
must be even more wearing.
Well, yes, one does feel that; but one
gets used to it, too. We learn t. think of
the work itself more than of the contin-
gencies. good many questions come here
connected with the GOvt rnment reserya-
tons. and We must deal with violations of
the customs and revenue laws. which have
been presented in the courts and appealed /;
such cases must be argued here"
rs there anything else?'
Yes; an mn ortdnt function of the De-
partmert is the supervision of al the Dis
ttict Attorneys and Marshals throughout
the United States, as to matters of Govern
Ment policy and as to expenditures. Then
we have to pass oil the titles of lands ar
quired by the Government. There have been
of late years more great constitutional gues-
tons decided in the Attorney Generals
office than for long time previously; such,
Tor example, as that in which Justice Field
was concerned some time ago"
And are records of ali these judgments
kept by the Department."
oh, yes" said Mr., Miller. He partly
turned in his seat, and indicated a book
case full of large, leather-bound volumes
There they are. And since | have been
here there have Teen decisions enough
handed down to fill at least volume"
g Is it true that yoll exercise supervision
over all prisoners in Federal Court, ?'
Yes. on an average, there are about
16 COO OF such prisoners, as distinguished
from those who are confined in State Prisons
We employ examiners to Investigate the
proceedings of all officials concerned in the
trial and sentencing of Federal prisoners
except, of course, the Judges, who are not
subject to our supervision Most of the
Federal prisoners are such as have been sem
fenced to long terms. Three fiGths of the
whole number of them are conf fined in three
prisons-in Columbus, in Detroit and an
other These are considered to be model
prisons. If any abuses arise, we see that
they are corrected"
And / suppose you are applied to also
in the matter Of pardons."
"Yes, we have as many as ten or twelve
applications for pardon come to us every
week. 1t is one of the most painful func-
tons we have to discharge. There is the
conflict between the natural desire to be
merclful and the demands of duty. The
applications are first referred to by the
Pardon Clerk to the court of the District
bucu UllSl - llldut OUT ana Stl D.
United to me, and again submitted by me to
President Harrison. He looks over 1t before
affixing his signature. / have the appoint
ment. by the way, of all District Attorneys:
and in all matters in which attorneys are en-
ployed in cases at a distance, have to fix the
fees. There is, OF course, a regular fee bill
but in addition to that there are incidental
and fortuitOuS matters for which extra fees
can be charged, and all these have to be
carefully investigated, and any tendency to
overcharge checked. This makes a con-
slant struggle for expenses. 1t is irksome
business. and the system is bad one
have suggested that it be reformed As it
Is now, there is naturally an effort on the
part of attorneys to make all they can. The
case is similar in journalism between space
writers and salaried writer's. The former
are tempted to send in as much material
as possible; the latter are only interested to
do well the work they have to do"
us there any particular class of crimes"
1 inquired, which is more likely than an
other to come before you?"
mo, not specially as to the nature of the
crime; but, for instance. we have had to do
with crimes committed in the Territories,
and especially in the Indian Territory
which was great hot-bed of crime. Now
that Oklahoma has been settled, however,
the courts there attend to the offenses
against law. The fact is, this is great big
law office-thats what it is-and adminis-
tratiye, too"
And how much time day do you give
TO the transaction Of all this business, Mr..
Miller ?" asked l.
We'll. get down here never later than
lalt-past eight, and | don't get away again
before FIVE" was the reply. Yes, those
are longer hours than the clerks have TO
keep; out IT'S the same as any law business.
except that you haven't the same option as
to what yon'll undertake that you have in
private practice"
Eight hours is long days work." said /.
We'll, the only way is to keep abreast uf