The morning times., 1895-12-07
ABUSE OF HAEEAS CORPUS
Attorney General Points 1t Out in
lis First Report.
Business of the Supreme Court and
How IL Shay He pedi;ed-The
Pacific Roads.


as Attorney General, containing a review
of the operations of the Department OF
Justice FOX me last fiscal year, was laid
before Congress today.
1t treats al length of The business OF the
Supreme Court OF the Unitctl States, and
recommends that except In capital cases ap-
peals IN CRIMINAL matters should not be
taken TO the Supreme Court. To accom-
plsh this result ne recomnvuds an ainenc-
neat Of the ia W SO as to exclude the words,
"other ialalnoas crimes.'' from the cases
subject 10 appeal 10 the highest tribunal,
aud TO remit MINOR cases To the courts OF
appeal
lie pointed cut that the words Infamous
crimes nave been given very broad IN
depreciation. The definition, he says, m
cluge5 AL uffeuseS which may bS punished
by Imprisonment al hard labor, or Tor more
than oI,e year without hard labor, whether
they are actually 50 punished or not
.'If such punishment might nave Deen III
flicted, thc ease may be taken to the su-
pr.-nIc Court even If The cuiprit has es-
capped ,yitn mere fine. That high tribu-
nal OF nine judges is frequently required TO
review convictions OF SUCH oiiensHs as pass
ing $40 Of counterfeit money, charging
over S25 Tor legal assistance 10 Il peilsloner
ana unla wfully eating timber.
y
ney General. called out by recent dilatory
proceedings in the case of DR.. Buchanan,
the New York wlie-poisoner, and IN num-
her OF other notable murder cases, is as
follows
"A growing abuse of tie writ Of faheas
curpuS Sluuld be ccrIeCted which Is vast
ing the lime Of the Supreme Court anu
bringing ,:iStr,tilt un the administration
uf justice. Proceedings IN state courts
sTe absolutely siay cd by section $50, Re
yised Statutes. pending appeals I" tbe
Supreme Court irCm action OF the circuit
courts un writs of habcaS corpus winch
may hp taspn Out as Of right. By SUNG
out succ,ssive writs ana prosecuting
apppals to tie Supreme Court persons CON
yicted in STATE courts have succeeded IN
SECURING repeated delays of execution.
There - ~ Hniit 10 tins process. so long
as prisoners are able to employ counsel.
I respectfully suggest, as cure Tor thls
evil, uhat tie allowance OF stay by the
Supreme Court or judge thereof be re-
quircd, at least n all appeals after tie
first"
The Attorney General adds:
III the supreme Court were relieved as
above suggested, its Jurisdiction over cases
arising unGer The revenue Laws might and
should Toe restored. The United states
las now ~ right t. review by that court
OF any decision cunstruing tariff or.
dollars may be directly nr indirectly in
volyed. i pruvision for appeals and writs
OF error from The circuit courts of ap-
pcals In these cases, similar 10 that CON
taiBed in section T0T OF the Revised
Statutes, with respect 10 appeals from
the court "a! claims, would bc highly bene-
riciai To the government"
Thenum.sr of cases on the Supreme Court
docket a { thcend OF the October term, 1894
is stated Il Gi0. IN 1890 there We're l. 100
and siace t.iai date The court has been grad
ually reducing the amount of accumulated
business.
There are 900 cases on the docket OF
the Court of Claims, and it is increased by
800 cases per year. Discussing this point
Attcrney-Hcneral Harmon says;
In my estimate for the neXI fiscal year
have included an increase Of approximately
une-ti,ir,l. which, it is believed, viii suf-
flee to era ble The department Ia occupy tue
time OF the Court of Claims Until that is
accomplished il is not necessary for either
Congress or the court 10 consider plans for
increasing the efficiency of the court. The
court Is by present methods able 10 hear a nd !
decide maay more cases than can be pre- |
pared |
The Attorney General asks Congress to |
direct him what TO do in the Bell telephone |
litigation. The expense of this case, he says, |
Is very heavy. IC VIII take six months 10 |
prepare renuttaI testimony. He fayors con- |
Gnuing the cUse 10 Z tinal decision, pro- |
yided the expenses can be met, aad says:
If the people have been deprived of their |
NATURAL rights 10y The improper issae of a !
patent a s. tie government AYERS. il woUldngt |
be 4 proper coarse on its part 10 discontinue |
litigation which has probably bern pur-
poSeiy protracted until the patents have ex-
pired; but such litigation should be per- |
sisted in ic establish finally, for the sake |
OF future acton on lis pait, its right to |
sue to aunul patents"
Mr.. Harmon discusses the relatiuns OF |
the Uninn Pacific Railruad and it, branches |
to the government He says:
The silIati9n has been mi, intained as |
it was when the last Congress adjourned.
so far as legal proceedings are concerned,
bat large HIuegnts of subsidy bonds are
about L. fa1 due of those issued to the
Central Pacific, we'll Of thnse issued /
to the Uri'm Pacific Company, aud no as
surance can be given that the present
situation VIII be iung maintained.
" Action shnlld BE- promptly taken iowa rd
working uat sonIe solution OF the problem
presented by the government rciatiun
10 these properties.
AS II may become advisable or necessary |
for the government TO institute legal pro-
cesdIng- against one or both of tie cenpa-
nieS above Ramed, / beg to call attention |
TO the necessity Of u law giving some proper |
court III he District of Columbia iarisdic-
non Of the entire property and of all the
parties in interest. what has hcreinbe- |
fore hcca al Is to The general reccssity OF
giving uae court fuii jurisdiction ia such
cases apisi4es with especial force here"
"SuCh 81 prnyiSiun was included in a bill !
prepared by Attorney General Oincy. at
the requps: ~ the last Congress. IL should
now be pEt IN tbe form of a separate act,
50 as to be naGs' independent OF any par
rcular plan Of reorganization. UE,il the |
passage of such an act, any attempt Of the |
government 20 protect its rights by litiga- |
ton viii bC greatly hanperri."
In regard 10 ne Northern Pacific Rail. |
road his recommendations ar.- as follows:
The Northern Pacific Railroad litiga-
iinn has called attention in Il striking
way to ~" necessity which has long cX- |
iste4l al legislation to regulate The APP
pointmCnl Of receivers and judicial sales
Of FaiIroads parts of whose lines are in
different circuits. Public as wei rs pri-
yate intc-cS require the preservation Of
the unity Of such lines in their manage
mpDt pending foreclosure and in their
sale.
This cHn COW Ice accomplished only by
harmony Of action among the courts of
the various circuits, but the appointment
II receivers and the repetition OF orders
In each circuit cause q multiplication OF