New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-11
LAW CASES.
.r-roKs1n GENERAL. MrLIER's REPORT.
,,oyur COURT OF APPEALs-MoRMoN I1TI'
e,noN-THE FEE sy5TEM-sUTs

4
AGAINST CORPORATIONS.
.s,oston. Dec 10.-The annual report of Attor
o.nsral Miller submitted to Congress to-dhy'
sw s.us the business Of the United States supreme
p'" 80 deyotes dhapter to the Circuit Court Of
Wv which he says has been organized IN each
NJ and Is ready for business, although the addi-
rgrcuit Judge in each circuit has not yet been
"' I'D n is necessary. he says. that some pro
HP "a made for the care OF the business OF tue
vs,oont in the Circuit Court OF Appeals Inc
W az II stands. authorizes and requires no one 10
- AR the Government. He suggests that each
aIcaattorney be required 10 follow and care Tor tue
u.s. ,,op, his district. No provision is made in the
80 for the appointment OF deputy oierSs' vet Ill sonie
- deputy might I've essential
-.rs 10 tie business OF the Court of Claims the
,sorpev General says
$50 there were pending in the Court Of Claims,
ne general and special jurisdiction only Az sIits
fsrSS,st,ep I,lS4 suits and under the Bowman act;
In short the business o. the eSpt IT, mas
pertce available for the care OF such business Is
oaticay the same as IN 1850 some pr0vsU % tSe
% -. With view TO the more RAPID nearing ana 40
S of cases, and to the force OF the Attorney
ssls Office for the preparation anu PrsScn"~o" vi
esn,h CASES for hearing
ua saws IL Is also necessary that some provision
N Ia made for the representation of the interests
= ~. Government before the Board of Appraisers IN
O,,.oms cases appealed from the Collector In ths
1a,oa Of any provision the Attorney oenersi mas
- the responsibility of directing such service 10 DC
-,-r,ed by the most convenient districtettorney.
Fu. invites attention 10 special report on the sub
49,. =, Indian depreciation claims and shows the I'M
LANCE OF assistance in the conduct OF that business
rS,se claims aggregate s2o.031,754
Ne recommends appropriation 10 carry in1o eAo''
-, tor The establishment of a reform school for
~. in the District Of Columbia
,ter Speaking OF the difficulties in the enforcement
,,he Chinese Exclusion act he says.
n n is desired that these laws shall be maze
..cava they should be 90 changed that they cannot
:. Misunderstood. To arrest and try such persons
"a a. the result, simply send them back across the
p Al line is shown TO be an IDLE expenditure Of ume,
,.hor and money by the fact that AZ mleht well De
.,u~cted the same persons have TO be arrested ana
red over and over again. Moreover, 1t Is qui'e uli
rsin whether an order requiring Chinese prisoners TO
!, ,.nt back into the British dominions can DO made
elective
In reg.TS to the Mormon Church litigation, the At
.o-peyGenera calls attention to letter recently re-
,yed tom the United States Attorney for Utah, touch
ng the need for regulation by statute Of the Umtea
sts.se Of the competency of witnesses In Utah Govern
oent cases Under the AntPoly gamy law, by reason
admission Of the wife to 1 tss} ,s ae giFs ed ns
legislature s9ud prescribe S, r me ~ SysRSs
Of the laws Alaska is not satisfactory and that IL
can be made satisfactory only by new legislation
In chapter devoted to the evils Of tie fee system
the Attorney General says
As every year and month makes more plain tina,
tt payment OF United States attorneys, marshals and
commissioners results yearly In vast expenditure O
public money. not only 10 no good purpose put WHAT
worse in CREATING and pushing forward prosecutions
with a view solely to make fees against persons whs
cught not to b pFoeeoitd at al shond ian Slot
change in the Interest OF Just administrator OF ut
lavs as well as OF public economy believe that l
hese officers paid stipulated salaries, fairly com
mensuate with the work they have 10 perform, the
total costs OF the court by OF the great reouc
Ton IN the fees and mileage OF jurors prisoners ano
positive improvement I'm the administration oil the laws
The Attorney General reviews the legal proceedings
In the case OF the Gillian STEAMER ltata and SAYS
Experience shows that it is by unTecognzed Insurgents
and vvolutOnists having everything TO gam ana LUZ
% lose and often, therefore, desperate that nellsrat
Obcatons are most frequently violated. without dls
oassing the proposition that such a transaction !
legitimate commerce, l venture the suggestion thnt
IN case of serious injury 10 the commercial or Othe
Interests of q nation with wLich ne are at peace BY
ships fitted out in our harbors, plea OF suef hon
S,srt Of Arbitration OF the tribunal of Just public
opinion. II the construction gwen 70 these s.a'ute y
the trial court shall be sustained on appeal tle sIa'u
should, i think. be amended
He reports that five suits have been begun unde'
ffe act OF August Z, 1888, requiring the Attorney
Gener to prevent unlawful Interference with th
rights and equities of the United states in relation
telegraph lines subsidized by the Government. Touch
Ing the question Of jurisdiction raised In the suits
Ssra t R result q eir contenon IS that
corporation like the Western Union Telegraph Com
psny NewYOrk corporation. which & doing bushes
" every state ard district In the Union when M, Is
The right to sue IN the Federal courts OF the vafou
Districts and sued in the state courts ,, 70 rsm DD
he s,led I'm the Federal courts any State outside
NewYork. Certainly was not the intention Of con
gNss in enacting the Judiciary law of lsso mus
that the act be amended by inserting the prov1so
THAT any foreign corporation may be sued IN an
6srrict where II NAV be found process TO be servel
as in like cases in the Stale where said suit or actio
Is brought Such an amendment would restore IN
law 10 what il was for a century prior TO the act
March 9, 1887.