The herald-advance. (Milbank, S.D.) 1890-1922, 1894-12-07
OLNEY'S DEPARTMENT.
The Circuit Court of Appeals Proves
Il Success.

The report Of the attorney general notes
the gratifying progress made by the su-
preme court in overcoming the arrears OF
its business ani in reaching a condition in
which 1t will be able to dispose of cases
as they arise without any unreasonable
delay. This result is. Of course very largely
due to the successful working OF the plan
inauguratlng circuit courts of appeals IN
respect to these tribunals the suggestion
Is made, In quarters entitled to the highest
consideration, that an additional circuit
judge for each circuit would greatly
strengthen these courts and the confidence
repoSed in their adjudications, and that such
addition would not create a greater
force OF judges than the increasing business
of such courts requires. | commend the
suggestion to the careful consideration of
congress. Other important topics are adj
verted to In the report accompanied by
recommendations, many Of which have been
treated at large in previous messages and
at this time therefore need only be named.
l refer to the abolition of the fee sys-
tenn as a measure Of compensation to federal
officers; the enlargement Of the powers OF
United States commissioners at least In
the territories. the allowance OF writs of
error in criminal cases on behalf of the
United States and the establishing Of de-
greeS in the crime OF murder. A topic dealt
with by the attorney general Of mneh I'M
portance Is the condition of the adminiStra-
tion of justice in the Indian territory. Inc
permanent solution Of what is called the
Indian problem Is probably not to be ex-
pected at once, but meanwhile such anchor
q
will admit of. ought not to be neglected.
/ am satisfied there should be federal
court established for the territory. with suf,
ficient judges, and that this court should
sit within the territory and should have
jurisdiction as to territorial affairs as now
vested in the federal courts sitting in Ar
kansas and Texas.
Debts or Pacific Roads.
Another subject OF pressing moment re-
fered to by the attorney general is the re-
organization Of the Union Pacific Railway
company on basis equitable as regards all
private interests and as favorable to the
government as existing conditions Will per-
NIT The operation of Il railroad by court
through a receiver is an anomalous state OF
things which should be terminated on all
grounds public and private, at the earliest
possible moment. Besides. not to, enact the
needed enabling legislation at the present
assembling Of a new congress and inevitably
increases all the complications of the situa-
tion, and could not but be regarded as a
signal failure to solve problem which has
practically been before the present con-
gress ever since its organization.
Eight years ago In my annual message
urged upon the congress as strongly as
could the location and construction of two
prisons for the confinement of United States
prisoners. A similar recommendation has
been made from time to time since, and a
Few years ago q law was passed providing
for the selection of sites for three such in
stitutions. No appropriation has. however.
| been made to carry this act into effect. and
the old and discretitbalc condition still ex-
lists.