The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-12-05


peals, SIR. olney suggests that, as the
system has come TO stay, an additional
circuit Judge should be appointed in
each OF the seven and nine circuits and
possibly in the sixth.
The report shows the total number Of
war claims referred by Congress to the
court Of claims up to the present time TO
be 0.lG2-aggregating SS600000O. OF
these 2,l77, aGgregating on their face
the sum OF SIT, $4,000 (the amount
found due by the court thereon being
only $2,344,000) have deem disposed OF.
The failure OF Congress TO appropri-
ate for payment, OF judgments already
rendered is given as the reason for the
lack OF progress made in the French
spoliations cases, OF trials on the one
hand aud the court from allowing this
class Of business on the other.
The report OF the United States at-
torney for the court OF private land
claims preferred as establishing the fact
that very large number OF Important
claims have been disposed Of will result,
on the whole, favorable to the govern
ment and shows economy in the addi-
tional appropriations requested Of, and
allowed by Congress, by way OF pre-.
| Guiding an extension OF life OF said court
| (which expires by statutory limitation
on December 81, 1851.
The report shows that during the year
ending June 30. 3,205 United States
prisoners have been confined in the
various prisons OF the country and on
that date that there were still 2,124 in
confinement. Therefore the recon-
rnendation that federal prisons be es-
tablished is renewed.
THE FEE SYSTEM.
The report directs attention to GER
tain recommendations in the last an
nual report and requests their favor
able consideration by Congress. They
relate to:
l. The abolition Of the system by
which United States district attorneys,
marshals, clerks and commissioners are
paid by fee.
9. The vesting in United States COM
nissioners, wherever it can legally be
done, and in the territories certainly,
jurisdiction over minor offenses within
the grade Of misdemeanor.
8. Making writs OF error in cases Of
crime no capital unto the circuit court
OF appeals instead Of to the supreme
court.
4. The recognition OF degrees in the
crime OF murder and in the punishment
therefor.
S. Writs of error on behalf OF the
United States in criminal cases.
The attorney general briefly reviews
the course taken by the department
with reference to the "Commonweal-
ers," and says: "This department be-
came involved because the railroad
properties seized were in the hands OF
receivers appointed by the federal
courts, and because these courts at once
issued DEGREES for the protection OF the
receivers and their property, and di-
rected the United States marshals to
execute them. In very many instances
the marshals found themselves unable
to execute such orders BY any force Of
special deputies or any posse at their
command, but in no case was it taken
for granted that marshal would not be
able to execute the processes Of
the courts. lie was held bound to
use his best efforts to execute
them, and, if they were abortiye.
was required to prove the fact to the
department, not only by his own repre-
sentations, but, If the circumstances
permitted, by the concurring estimony
OF the district attorney and Of the Judge
issuing the writ. The troops were used
in each case not a5 pose conlitatus un-
der the command Of q marshal, but as
an independent instrumentality, acting
under the immediate direction Of the
the President through the army officer
personally in command. BY this means
the perils OF a grave situation were
ayer,ed, widespread lawlessness was
checked in its initial stage, great de-
struction OF property was prevented,
and large numbers Of persons, offenders
not so much from vicious intent as
from actual aud threatened wants and
suferings, were saved the consequences
of serious crime and escaped with only
moderate penalties.
THE PULLMAN STRIKE.
Mr.. Olney devotes several pages OF
his report to the Pullman strike, in the
course OF which he says that the reia-
ton to 1t oil the department OF justice
was indirect and arose only when the
railroads Of the country became in
volved and the passage OF United States
mails aud the movement Of interstate
commerce were interfered with. ITO
compel settlement Of disputes be-
tween the Pullman company and por-
ton Of it's employees" says the attorney
general, nothing less was meditated
and aimed ut than complete stoppage
of all the railroad transportation OF the
country, state and interstate, and freight
as well rs passengers. Such result, in
volying for city like Chicago the loss
OF tho very necessaries Of life, it seemed
to be the duty Of the department to
prevent by the most vigorous use OF all
the legal weapons at its command"
The attorney general reviews the
action of the United States marshal
under tho direction OF the attorney gen.
eraI in procuring M injunction from
| the United States court against Debs
and his associates, restraining them
from all interference with trains carry
ing United States mails or engaged in
Interstate traffic. and says that 1t was
hoped that vigorous measures taken by
the marshal would prove adequate to
the emergency and resort to the mill
tary OF the government would be un-
necessary.
Tho situation, however, did not i'm
proye, and on july 3 it had became so