The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-12-07
RELIEF FOR THE SUPREME COURT.
Recommendations Made by AttOr-
ney General Harmon.


Washington, Dec. 6.-The annual report
of Judgson Harmon as attorney general.
containing a review of the operations Of
the department Of justice for the last fiscal
year. was laid before congress to-day. 1t
treats at length Of the business Of the
supreme court of the United States and
recommends that except In capital cases,
appeals in criminal matters should not be
taken TO the supreme court. To accom-
plish this result he recommends an addl-
ton of the law so as 10 exclude the words
"Other Infamous crimes" from the cases
subject to appeal to the highest tribunal
and TO remit minor cases 10 the courts
of appeal. He points out that the words
broad Interpretation. The definition, he
says, includes all offenses which
may be punished by imprisonment
Sbs az hard Ysar Labor or for more than than
er they are actually so punished or not.
II such punishment might have been in
ficted the case may be taken 20 the SUI
preme court, even II the culprit has es-
capped with a mere fine. That high tri-
bunal of nine judges is frequently re-
CURED TO review convictions OF such Of
tenses as passing $50 of counterfeit money,
charging over S25 for legal assistance to
5 Ser.' rs"S'O"'' ana u"'awtu''y cutting ''m-
Another recommendation of the attor-
ney general called out by recent dilatory
proceedings In the case OF DR.. Buchanan,
the New York wife-poisoner ana In q
is as follows: "a growing abuse OF the
writ OF habeas corpus should be correct
ed, which Is wasting the time of the SUI
preme court and bringing discredit on the
administration of justice. Proceedings In
state courts are absolutely stayed by sec
tion 166, revised statutes, pending appeals
20 the supreme court from action OF the
circuit courts on wrlts OF habeas corpus
which may be taken out as OF right. by
suing out successive Writs and prosecute
ing appeals to the supreme court persons
convicted in state courts have succeeded
in securing repeated delays of execution.
There is no limit to this process so long
as prisoners are able TO employ counsel.
l respectfully suggest, as cure for this
evil, that the allowance Of a stay by the
supreme court or a judge thereof be re-
quired, at least on all appeals after the
The attorney then adds: 'If the SUI
preme court were relieved as above sug-
gested, its jurisdiction over cases arising
under tho revenue laws might and should
be restored. The United States has now
no right to review by that court of any
decision constituting a tariff or internal
revenue law, although millions OF dollars
may be directly or Indirectly involved.
A provision FOR appeals and Writs of er-
ror from the circuit courts of appeals In
these cases, similar TO that contained in
section 707 of the revised statutes with re-
spect to appeals from the court Of claims
would be highly beneficial to the govern
ment.
Referring to the Greer county," Texas,
boundary case, now In the supreme court,
Mr.. Harmon says; The controversy de-
pends on the meaning OF the treaty OF 1915
between Spain and the United States, fix
ing the boundary line between the two
countries, which treaty was in turn adopt
ed by treaties Of the United States with
Mexico and with Texas The treaty de.
scribes the line as running up Red river
to the one hundredth meridian. Texas
claims that when the forks of the river
are reached, the line should follow the
north branch.
I'm spite or proc1amatlons by Presi-
dent Arthur in June. 1884, and by Presl-
dent Cleveland in December, 1887, Texas
has encouraged settlements I'm this terri
tory, and II this decision shall be In favor
of the United States, the question will
arise whether congress should wholly dis
regard the claims of the settlers, as Il
will have an undoubted right TO do, or
provide legislation by which they may be
protected upon making reasonable pay
ment for the land occupied"
The Attorney General asks congress Il
direct him what TO do In the Bell Tele.
phone litigation. The expense Of this
case, he says, is very heavy. IL will take
six months 10 prepare rebuttal testimony
He favors continuing the case to a fina
decision, provided the expenses can bf
met, and says: "If the people have beer
deprived of their national rights by thc
improper issue OF a patent, as the gov
ernment AYERS. 1t would not be a proper
course on its part to discontinue the liti
cation. which. has been probably purpose
pired, but such litigation should be per
sisted in to establish finally, for the sake
of future action on its part, Its light tl
sue to annul patents.