The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-02-11
FEDERAL COURT ABUSES.
ALIvELY DISCUSSION IN THE JUDI
dietary COMMITTEE

dietary COMMITTEE
The subcommittee Wants the Report
Published With All the Names Men
toned in the Testimony Left In.
Judge Speers Remarkable Record
of Pardons.
WASHINGTON, Feb. 10-There was a
lively discussion in the House COMMITTEES on
the Judiciary to-day over the report Of the
subcommittee which last year investigated
the alleged practices in federal courts,
chiefly in Massachusetts,, West Virginia,
Northern Georgia, and in all three OF the
federal judicial districts of Alabama.
The report, which is voluminous, containing
rs it does many extracts from the testi-
rnony, had been printed for the confidential
use Of the committee, with all the names Of
all the officers guilty of the practices con-
demned. The subcommittee asked that
the report be adopted and published
as submitted. Other members OF the
committee objected, unless the
names were suppressed and the state
ments made more general in character.
The matter went over until Thursday with
out conclusion. The report says that the
practices condemned embraced the general
suspension Of sentences pronounced on per-
sons convicted of violating the
internal revenue and timber cutting
laws, principally in the districts
OF West Virginia and Northern Georgia,
and in the Northern, Middle and Southern
districts of Alabama, thus encouraging the
methods Of fee making practiced by United
States district attorneys, marshals and
their deputies, United States commissi oners,
clerks Of the federal courts and other officers
connected with the judicial department OF
the government.
has BECOME REPREHENsIBLE.
The subcommittee says that this practice
of suspeEding sentence has been carried TO
an extent that is reprehsnsible, and it
recommends legislation providing that in
criminal cases upon conviction the judge
shall Immediately pronounce sentence.
unless there is some good cause for
delay. The evidence shows. says the
report, that in some parts of the
country men are induced by deputy mar
shals and United States commissioners to
make complaints againt each other for vio-
iations OF the internal revenue and timber
laws, are arrested by deputy marshal and
brought before the commissioner, where,
after hearing, they are bound over
to the court, after becoming bail
for each other and appearing
before the court as defendant, witness and
bailor. They conne up in patches, the re-
port says, and at one time in the state of
Alabama eighty-nine men from Marion
county pleaded guilty at Huntsville, and at
another time forty-one men from Lamar
pleaded guilty at Birmingham to violations
of the internal revenue laws and in both
instances the sentences were suspended, and
the defendants discharged without punish
ment 1t is shown by the report that large
numbers OF witnesses are summoned in
nearly every case, the federal officer
charging for every petty service performed
In securing them, and increasing their
mileage allowances by making unnecessary
reports and that they pocket allowances
intended for witnesses, and others who pay
their own charges. The United States
commissioners by these means secure
annual incomes ranging from 81 900 to
IS, 900.
DISTRICT ATTORNEY HILLS TESTIMONY.
The subcommittee quotes ia its report
ex-District Attorney B. H. bill as testify
ing: "When / first went into Office Judge
Mckay was judge of this court, one of the
best judges we have ever had, but
in his last days he became affected
mentally and physically, and he sus-
pended nearly every case in the court
as the record will show. He has an I'M
rivaled record In that respect, except Judge
Emory Speer, who suspended every one.
4 ne o. VI COuft u dlbSI L DeCdu6
district attorney was held by Judge Speer.
Ny recollection is, that he suspended
every sentence upon the plea of
guilty. or a verdict OF guilty,
Immediately or afew days thereafter, with
one exception. That one exception was he
sent a man to the Albany penitentiary for
two years. / am satisfied the records show
there was not one punished during that
term Of court, except this man
Brown, who was sent TO the Albany
penitentiary. Judge Speer could not assign
any reason for that except that he would
say to the man; This is the first time you
have been before me. and l will let you off,
with the statement that If you come back |
viii send you to the penitentiary.' He gave
no other reason for it. / objected to the
suspensions as well as l could" The sub
committee then adds: 1.-THE present Judge
Of the Northern district Of Georgia has OBJ
served the law and avoided this practice"