New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-07-27
A BLOW AT FEDERAL COURTS.
AN AMAZING BILL WHICH SLIPPED
THROUGH THE HOUSE UNNOTICED.
IT WOULD REvoLUTIoN1zE THE APPOINTMENT
AND POWERS OF UNITED STATES COMMITS
sIoNERs-oTHER OBJECTION
ABLE FEATURES
ABLE FEATURES.
tsY TELEGRAPH TO THE rRypryy.,

ABLE FEATURES.
tBY TELEGRAPH TO THE TRJsrSg.'
Washington. July 26.-In the excitement occasioned
by the Senatorial discussion the Presidents letter
! TO Representative Wilson. far-reach!ng and more
| dangerous enactment Of the House has escaped
general attention II Is House bill No. 1884. which
| passed the House without objection Friday last.
This bill revou,ionzes the machinery Of the United
States courts for the arrest and detention OF those
| who violate the Nationa. laws. II takes away the
| appointment OF United States Commissioners who
are the committing magistrates from tie courts.
| and confers 1t upon the President The Attorney
General is authorized by the proposed law 70 cut
up the entire country into commissioners districts.
and the President must appoint IA many commits
sioners as the Attorney General thinks proper on
the nomination OF the latter officer. The appoint
ments are not to be made with the advice and consent
OF the Senate Theoretically. the commissioner Is
appointed for four years The second section OF the
BIZ contains this starting provision:
Offices for four years uni"ss sooner removed by
the Attorney Genera. and he may remove tneni
when In MS opinion the proper administration or
justice shall require such removal
These officials judges OF important char
acer and since the Accomplishment Is the con-
trolling law officer OF the Government charged with
the prosecution Of alleged TENDERS and the District
Attorneys act under his direction the law places
the Judge before whom the preliminary Inquiries
in crmina, causes are made entirely at the mercy
OF the counsel for the prosecution. No provision
IS made for a hearing for the commissioner pre-
llminary 10 his removal He will act therefore, with
the knowledge that II his decision does not suit the
coinse. for the prosecution his head may be taken
Of This Is Civi. Service reform with a vengeance
and Il especially Objectionable Il relates 70 the
appointment OF judges before whom the initial pro-
ceedngs for violations OF the National laws are
generally taken
The act also provides that In cases where the
| 81 ska m
mlssioners may. without hearing extradite
prisoner from one sni Of the country 70 another
The law now IN s)rce gives 10 a person arrested
In one State for violation Of the United states
laws in another the right a full hearing before a
commissioner. who may not commit unless there
| Is a probability OF guilt. Now. even after commit
tai the prisoner may not be extradited except after
| a proper showing and order by a Circuit or Dis
tric Judge II the proposed law become effective.
| a person accused OF crime In Texas may be ex-
| ,radel 70 that State by a United States commits
sioner In Maine. on ex-parte AFFIDAVIT and WIN
on, any hearing whatever. This Is great nnova-
ton upon the present procedure In matter deepy
concerning The liberty Of the citizen
The bin also changes the wcll-settled method Of
approving the accounts OF United States commits
sloners II takes this away from the court in which
the services were rendered ana from the accounting
officers Of the Treasury and makes the decision OF
the Attorney General the question final This Is
beloved be far Jess protective 20 the Government
| against unwarraniable charges than the present
law l. also provides that United states commits
| sloners shall have no fees unless they are taxed
and collected from the defendant. except where the
| prosecution has been begun upon the sworn com
| plant u United States attorney, collector
| l,puy collector OF Internal revenue. or revenue
| agent setting forth the facts upon Information and
hoiief which afaAavits De approved either be-
fore or after arrcs, by a distr!c, Judge or attorney
| ~ N. I'ni,sl States for the district where the
offence IL alleged 10 have been commiiie'
Asll- from The improperly OF the United States
attorney. VITO must. counsel prosecute prisoner
| making a sworn complaint against him. and the
| fudge before whom he must be tried being obliged
- approve the warrant either before or after ar
| r.s, IL is doubted IN good lawyers whether sworn
| complaints Information and bellef are con
s'ltutcnal ground Tor a warrant lot atr'St NJ ~
commissioner too. Is deprived by this OF MS fss IN
| a multitude OF cas~s where The deputy marsnaIS5
seize persons without warrants whe IN 'ns aS'u ~
operation OF icli diseries, and where none OF me
prove me warrant In other words the act Will pay
the commissioner whore the Investigations are made
| upon a sworn complaint Information and beief.
even though the Information may come from IT.
responsible persons ana ne VIII n9t Dc pall wmsn
| sion 81 the offence To make the fees of Officers
dependent upon conviction Is to negative tns eh had
thought proper the United states courts TO make
| Another most serious blow at the efficiency u
| the intel states courts IL the provision In the
| proposed au that not than two witnesses
| shall be- examined on the part OF the prosecution
before a commissioner IN any case. unless before
tn, hearing the United States attorney after m
ves' gatipn shall IN writing authorize more than Two
rlct- Attorney all the powers % investigation which
| hy common law belong 20 the committing magis-
| trltc This would paralyze the entire machinery
OF the United states courts for tho arrest and de-
tenfi0n OF criminals II the United states attorney
should be- absent from his district from the
locality OF the crime In the extensive districts or
some parts OF the country II IS often Impossible Tor
IN. arresting and committing officers TO conmuni-
cate with the District Attorney except after days
81 DELAY and hence person arrested VIII mere
after II tho House bill becomes law. b. held
until the District Attorney can he cOmUunica' ed
with and shall authorize In writing the witnesses
a. he subpOcraeG Since the law commands
charge Of a number OF men accused or the most
The proposed statute also mperatvely directs
that the commissioner shall examine only Two VIII
n.sees and no other witness fees shall be paid. In
tn. preserce OF the fact that In a large number OF
70 communicate their knowledge Of the crime be-
fore they are sworn and examined ana many
wholly refuse 10 until after their evidence ~
elected hv the pienarv power OF the court. ms
provision Is In most practically free license
- yioafors OF the National laws. II seems that
Nh. authority and effectiveness II the United Sta'es
rOurrs and il T. particularly unfortunate that A
measure 80 far-rsfchnR In It's consequences, wAi'h
II, tkcs an OF m" minor julgeships ~ the Inliei
states political appointments besides putting them
,hs,lutrly I'm the power ~ the Attorney General,
and which presents so many other oblsctionaole
features should pass the House without minority
rcport and with scarcely syllable OF discussion.
The clre(ul lawyers Of tho Senate judiciary Com
r,i,fea VIII bc however. TO give more critical