Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-08

Owing to the unavoidable DELAY in getting
the complete testimony Of the defendants into
the hands of the printer. he may not be able to
inrnish US the printed record entire by the 23d
Instant. IN which event, If il suits The conven-
fence OF the court. shall suggest that the hear
Ing proceed upon so much of the record as has
been printed and the examiners original of the
residue Very respectfully, &. c. COLE,
United States Attorney, District of Columbia.
The Attorney General.
COURT cRIERs.
Section us OF the Revised Statutes authorizes
the circuit and district courts to appoint criers
for their courts, TO be allowed ~ day.
In pursuance of this authority for many
years the courts have been won't to appoint such
eriers
The las, session Of Congress. however, with
out repeallng this provision OF section 10,
failed TO make any appropriation for these
salhries
Nanerous requests have been made 10 me by
the judges Of the courts that the attention of
Congress. be called to this with a recommend
ton that the necessary appropriation be made
for the continuance of this service; such recon-
mendntion is made.
The fact is, these criers do not serve merely
IN the capacity of criers. but act "a messengers
and make themselves generally useful about the
courts. rendering service that, if not thus OBJ
tanned. will have to be provided for in some
other way.
wRITs OF ERROR IN CRIMINAL CASES.
Another recommendation, to my mind Of
great public interest, desire to make. Under
the present statutes of the United States (26
Stat. pp s27, 1921 a defendant in a criminal
case is given a writ Of error to the Supreme
Court in the following cases:
% In case of conviction Of capital or
otherwise infamous crime.
% In any case Involving the construction or
application Of the Constitution Of the United
States.
90 In any case involving the constitution
atty OF any law of the United States. or
where the validity or construction Of treaty is
drawn in question.
In all other cases such defendant is given a
writ OF error to the circuit court Of appeals.
On the other hand. i'll no case is such writ OF
error allowed to the government. This is con-
trary To the established practice in England
and in most OF the states OF the Union.
In Wharton's Criminal Proceedings, ninth
edition, at section 773, it is said:
At common law, accepted in most juris-
dictIons in this country, writ Of error cannot
be taken by the prosecution to review an ad-
verse Judgment on demurrer other pro-
cedure before the trial court. In most states
this is now permitted by statute.
As the law now stands, therefore, it is in the
power of single district judge. by quashing
an Indictment, to defeat any criminal prosecu-
ton instituted by the government and to annul
as against the government any criminal statute
enacted by Congress. and there is no possible
remedy or way to right the wrong. This is not
speculative suggestion. but is an actual ex-
perieuce which has occurred more than once
since the enactment Of the statute creating the
circuit court of appeals, and is liable to occur
at any term of the court in any district.
Ii Is not apparent why such a state of things
should be continued There is no constitu-
tional difficulty In the way no reason why a