The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-12-07
THE ATTORNEY GENERALS REPORT.
Mr.. Olney Thinks That Two Government
Prisons Should Be Built.


Washington, December 6.-The annual
report of Attorney General Olney notes
with qualification that the Supreme court
is making reasonable progress IN over
coming the arrears of business, which,
until the establishment of the Circuit
court of appeals steadily increased. Two
cases of the greatest consequence to the
government decided by the Supreme
court the past year were the Chinese ex-
clusion case and the hat trimmings case.
The latter involved no legal principle
of moment but the decision adversely to
the government makes it liable to
pecuniary claims from ten to thirty
millions.
The Chinese exclusion case brought in
to debate question of constitutional
law second to none in gravity and in far
reaching results. The Judgment If the
court sustained the validity of the law
of Congress, affirmed possession by the
United States of those attri butes of
sovereignty which are absolutely essen
tlaI to- the existence and safety OF every
government, demonstrated that among
such attributes beyond all question is
the power of the political department of
the government to expel or exclude q
license at will, and emphasized the great
principle of division of power between
the legislative, executive and judicial
departments of government by distinct
line OF demarcation which each is pre-
cluded from overstepping.
Mr.. Oluey says he endeavored to faith
fully carry out the laws SO far as they
devolve upon him of supervising the
affairs connected with the support of
United States prisoners. But the result
of the system of imprisonment by APP
neutrality-suspicious. among the states has
not been heretofore, nor is it now, at all
satisfactory and should be changed as
soon as other and better methods can be
devised. He advocates the immediate
erection of TWO penitentiaries and one
reformatory for all prisoners sentenced to
long terms by the United States courts.
The system by which United States dis
trict attorneys, marshals, clerks and
commissioners are paid by fees is en-
phaticalIy condemned as indefensible in
principle, and working gross inju tice in
practice.
the attorney general speaks with consid
cradle emphasis. He says: "It has been
a widespread impression that the aim
and effect Of this statute are to prohibit
and prevent aggregations of capital,
sometimes SO large as to practically
control all branches of an extensive in
dustry, but there is small basis for this
Circuit Justice Jackson's opinion of the
same and conclusions as follows:
1.-Congress cannot limit the right of
state corporations or citizens in acquisi-
ton, accumulation and control of
property.
2.-Congress cannot prescribe prices at
which such property shall be sold by
owner, whether a corporation or indi-
vidual.
3.-Congress cannot make criminal the
intents and purposes of persons in the
acquisition and control of property.
4.-That monopoly as prohibited by
statute, means exclusive right in one
party, coupled with illegal restriction or
restraint upon some other party which
prevents the latter from exercising or en-
joying the same right.
5.-Contracts in restraint of trade and
commerce as prohibited, are contracts in
general restraint thereof, and such as
would be void at law, Independently of
any statute.
This exposition of the statute, ssays
Attorney General Olney, has not so far
been questioned by any court, and is to
be accepted and acted upon until disap-
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