The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1892-12-14
DEPARTMENT. or JUSTICE.


Annual Report OF Attorney General Miller
--Incroasing business OF the Department
--southsrn war Claims Assuming Alarm
ing Proportions.
WARRINGTON Dec a-Attorney General w.
H. H. Miller In his annual report submitted 70
congress, states that during the fiscal year 1909
civil suits were terminated. In LOIS OF these
judgments were for the United States; In lSs
against the United States, and S02 were either
nolle prosecuted, dismissed or discontinued;
awere appealed from the district court TO the
circuit court, a from district or circuit TO cir
cult court OF appeals, and from the circuit TO
the supreme court
There were also terminated 1874 criminal
prosecutions lN OF these were prosecutions
under the customs laws, in which there were
l21 convictions, q acQuittals and b2were entered
nolle pros discontinued or quashed; ICES un-
der the internal revenue laws, in which there
were 4lS7 convictions, ,SS6 acquittals and l,7so
were entered nolle pros, discontinued or
Quash ed; 1885 under post once laws, In which
there were LIZA convictions, i43 acquittels and
3lS entered nolle pros, discontinued or quashedi
1874 under election laws, In which there were IL
convictions, acQulttals and il3 entered nollo
pros. discontinued or quashed
There were pending July I, 1892, 9,sO9 criminal
prosecutions viz. 1903 for violation Of customs
laws; 4,2l0 for violation OF internal revenue
laws; 732 for violation OF post ofice laws; l06 for
violation OF election laws; Al under naturalist
ton laws; 100 under tho intercourse laws; l6l
under pension lawss II for embezzlement and
4,096 miscellaneous prosecutions
The work OF the department shows constant
increase In the court Of claims alone 10000
cases for property taken during Che war are
pending, aggregating in amount S4OO,OOO,OOO
while 5000 Indian depreciation claims are on file
aggregatlng s3S,000,000
AS o result OF the organization OF the circuit
court OF appeals the work before the supreme
court is gradually being reduced decrease OF
100 cases is shown.
At the close OF the December term, 1890, there
remained undisposed OF on the appellate docket
1,190 cases, and on the original, cases The
number OF cases docketed at the October term,
lS9l was $751; Of which $40 were on the appellate
and on the original docket, making the total
number Of cases on the docket for that term
1882
The actual number OF cases considered by the
court was 257, OF which 2i2 were argued orally
md 7S submitted on printed arguments. OF the
400 appellate cases disposed OF, 1875 were af-
firmed, 1903 reversed, l05 dismissed "a settled by
the parties and dismissed, 2 in which questions
certified to the court were answered, and for
which were depials Of petitions for writs Of
certiorari under the act OF MarchS, 1891.
The number OF cases decided at this term
October term, 1871 in which the United States
was concerned was 43, Of which % were decided
in favor OF, and 30 against the United States
and In one criminal case questions certified were
answered or those in which the United States
appealed were affirmed, 0were reversed and |
dismissed.
In the court Of private land claims there have
been filed since its organization total OF a
cases, in 43 OF which the government is defend
ant in one plaintiff. OF these cases 81 are from
New Mexico and three from Arizona. The total
number OF acres OF land claimed in the New
Mexican grants aggregates 2,620,05L52 acres;
in Arizona grants 81, 1854 or these cases seven
have been tried and anal DEGREES OF conarma-
tion rendered, covering 2os, S62 So acres The rc-
port states that numerous prosecutions have
!. been begun against trusts, combinations, ETC.,
but these corporations have hedged themselves
in with great care and skill SO as 10 avoid, II
possible, the law. Cases now pending will de.
termine the validity OF the statute, and II de-
olared valid the evidence already accumulated
viii be valuable He recommends that the fee
system to marshals, etc, be abolished, as 1t is
productive Of extravaganza
The report shows that In the court OF claims
as against $50 cnses tried during the preceding
year, $40 were disposed Of by trial during the
past year. being an increase OF over 30 per cent
Under the act OF March 3, 1883, known as tho
Bowman act 2is cases were disposed Of during
the year. the aggregate Of claims covered by
said cases being t25s3, ,9Se4i In 1853 Of these
cases findings were made against the govern
ment and for an aggregate sum OF A85, ,54o.3o
Many OF the claims pending OF this class are,
the report says, OF questionable loyalty and he
recommends that the statute OF limitation oper-
ate against these claims after six years.
Since the date OF the last report there have
been made In French spollation cases decisions
in favor Of the claimants aggregating tSs9, ,0Si,
and the total amount allowed up 70 this date, In
ZIG cases, IL "a, ,94l, ,22i
A rap Is given the Bell Telephone Company
when the report declares: From the past his
tory OF the case itsoems certain that no effort
| TO delay the progress Of the case will be omit
led by defendant"
The cases against the Pacific railroads "a
compel them to maintain telegraph lines fol
governmental and commercial purposes have
been pushed with vigor but delays have been OBJ
tanned by the railroads. On this subject Attor'
| ney General Miller says:
"The district attorneys In all these cases have
been directed 10 oppose all efforts on the part o
the defendants TO obtain further time and u
hurry these cases 10 an issue, In order that tes
timony may be taken and decision reached
upon the merits OF the controversy The case
appealed to the supreme court against the
Union Pacific Railroad Company will, in th'
meantime, probably have been advanced ant
decided, and II the decision below is sustained
there con be no reasonable doubt about the re
suit In the other cases"
He regards as important that section ! OF tn
act OF August l3, 1888, Ce5 statutes SiS) b
amended by inserting the proviso, in italics
after the word "inhabitant" in the following
sentence namely: And no civil suit shall b
brought before either OF said courts against an
person by any original process or proceeding 4
any other district than that whereof he is an In
habitant" Provided that any foreign corporu
tion may be sued in any district where It ma
be found, promise 10 be served rs in like case
In the state where said suit or action is brought
Such an amendment, he says would restor
the law TO what II was for o century prior TO III
oct Of March g. 1887, and would impose on thes
corporations liability TO be sued correspond
ing TO the right they enjoy TO sue rs plaintiri
and to remove suits In which they are defent