Omaha daily bee., 1892-08-26
tempt in the presence OF the natioas of the
Farrcaching Character OF the Bill.


Finally, the committee believes that the
| measure proposed is not only practicable. but
| Is loss Objectionable than any other that could
| have been devised, "because IL does not in.
| tertere with or change the laws of the several
s.ates in regard to what constitutes a crime.
and does not provide n different penalty for
crime against tho state by an alien than for
citizen of tho state. while IL the federal
coucts should not adopt the laws of the state
there would be two laws making an ofense
oil the same act in n given state
"Agaln. the farreachlng character of this
Dill can hardly be appreciated or anticipated.
III was stated in the senate that there were
$4,000 aliens in Chicago aloue and that pos
sloiy one-third, but certainly one-ffth, of the
population of Wisconsin is alien. The same
conditions, to greater or less degree, obtain
III many OF the northwestern states and we
think that endless confusion would result
from division of the criminal administra-
ton OF those states between two Jurisdictions
in such manner that. possibly, u man may
be subjected to two prosecutions for the
Same oHense, and this Inconvenience would
DO incurred TO provide n remedy for sporadic
cases which, after all, no law in any country
mas ever been able either TO prevent or to
remedy. and OF which we have had exactly
one half-dosen In our history as u nation.
objections Against the Pending Measure.
vi his suggests another uncertainty as to
whether, under this bill, q man can be tried
Twice for the same offcuse. The bill adopts
the criminal law of II state' but 1t also makes
any act which is n crime against tho state
like crime against the United States If
then, ole accused is tried In the state court,
aad the tribunal holds that the act com
planned OF was not n crime under the law of
the state, would his acquittal be effectual to
secure his discharge upon a trial for the
same question in the United States court
Upon this precise question: as to the effect of
the bill, able lawyers differed in the senate
ana ana 1T may fairly be presumed that ablc
judges would differ on the bench
The avowed purpose of this bill is 10
remedv evils, sucn as The New Orleans
lynchings. 1t seems hardly fitting to make
such outbreaks the basis of legislation of a
general character so farreaching. IL would
seem TO be better to leave them to be dralt
with according to the circumstances of each
case, as thev have been in the past without
difficulty.
Another objection which cannot constitu-
tionally underlie the bill is that the legisla-
tion violates the ancient principle OF Anglo
Saxon liberty, which may be termed the
loca'ization Of crime with respect to trial
ana punishment From the earliest time
trial by vicinage was the Englishmans
oirthright. IL was not surrendered when the
prosecution was trans ferred from the lords
paramount to the crown. The accused was
not brought to the judges in London, but the
judges were to try him at his home and he
was entitled to jury of his noighbors.
"Our ancestors brought tho same principle
from over the sea. Ii was imbedded in tho
constitutions of the federal union and OF
every state. One OF the complaints in the
Declaration OF Independence was the depri-
walton in many cases OF the benefits of trial
by jury and another nsportation beyond
the seas to be tried for pretended offenses.
Legislation in the Premises Unnecessary.
1--WE conclude, therefore, that the proposed
legislation is not necessary or desirabl and
believe that, to say the least. there are grave
doubts OF its constitutionaliJy and that in
operation it would prove uncertain aud i'm
practicable. We, therefore, recommend the
passage OF tho following resolution:
Resolved, That in the opinion of this asso-
citation II Is unnecessary aud ineXpediunt
that there should be any legislation by con-
grcss to give to the federal courts jurisdiction
Of crimes AGAINST the persons and property of
aliens in any case in which such Jurisdiction
does not exist as to similar cases In which 1,
citizen is the injured party"