The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-06

places OF holding federal courts have in
creased from 1856 to 227. The Attorney
General calls special attention 10 the fee
system in federal courts and states that
excessive aud Illegal charges can IN some
measure be avoided by watchfulness and
laborious investigation, but arrests and
prosecutions on frivolous charges and
himsy proof, 10 which para OF the IN
creasing expenses of the federal courts
are due, cannot be prevented by the de-
partment OF Justice. The Attorney-GeD-
eral calls attention to the fact that too
much OF the time OF the Supreme Court
is occupied by criminal appeals, and sug-
gests that such appeals be dlsalloWed,
save in capital cases, by amending the act
-ef- March 3, 1891, 80 e. to-eftfit the frt-f1-
tion of "other infamous crimes. This
would operate to give the circuit courts
of appeals jurisdiction which would be
final OF all criminal cases other than capi-
tai, subject, however, TO review by the
Supreme Court in its discretion by writ
of ctrtiorari. As the law now stands,
that high tribunal of nine judges is fire.
quently required TO review convictions
OF such offences as unlawfuliy cutting
timber or charging over s25 for legal as
sistanc9 TO prisoner. Up TO the close
of the October term of 1891 there were
81 cases remaining undisposed OF, and, al
though this is material gain over pre-
NlOus years, the ATTORNEY y-pentih III ~ VI
the opinion that il Will be several years
before the docket is cleared of its accu-
mulated cases.
Attention is called to the growing
abuse of the writ OIL habeas corpus. The
ATTORNEY General says il is wasting the
time of the Supreme Court, bringing
discredit on the administration OF justice
ana therefore should be corrected.
The Northern Pacific Railroad litigation,
says the Attorney-General, has called at
tention in a striking way 10 the necessity
of legislation TO regulate the appointment
of receivers ana judicial sales of railroad
shares whose lines are IN different cir
cults. Public as well as private interests,
he says, require the preservation of the
unity OF such lines in their management
pending foreclosure and in their sale. Re
lief can readily be afforded. he SAYS, by
providing that such suits shall be brought
i'll the circuit where the principal offices
are, or in which the chief terminals are
located, or in that containing the great
est length of tracks, or full jurisdic ion
might be given to the court in which suit
Is first prought. The important thing,
the At.orney-General says, is To invest a
single court with control over the entire
property.
The Attoi ney General calls special atten-
tion of Congress to the act passed by the
Fifty-frst Congress authorizing, the pur-
chasing of sites for three United States
prisons, but which carried no appropria-
tion with il. II is suggested that this
Congress deem IL eXpedient to make
the necessary appropriations 10 carry hat
act into effect; that It should authorize
the erection of at least one peniton!iary
in a Southern state for the confinement OF
convicts in southern districts. This meas
sure, he says, seems to be imperativ6iy
demanded for reasons Of humanity as wei
as economy. The Attorney General calls
attention TO the necessity OF more ado-
quate governmental supervision Of United
States convicts confined in State and ter
ritoral prisons and invites attention
TO the fact that under existing laws
federal prisoners gre greatly discrimi-
mated against in not being allowed the
same combinations OF sentence as State
prisoners are entitled TO, and recommend
that action be taken to place them ON The
same footing as the local prisoners. HC
also recommends tnat claims Of United
States officers or employees for compenss'
tion, expenses and fees be excluded from
| surisdictiOn OF district courts and bc con
tined entirely to the court OF claims.
The Attorncy-General speaks urieily
OF the decision OF ne Supreme Court IN
the Debs contempt case, and says that
/ rhe pTrUCrUT0T CTaD1ishod Dy the opinion
are OF the highest value and Importance.
| The jurisdiction ofthe courts - issue and
| enforce injunctions against interference
with interstate commerce and the pas-
| sage OF tho mails, the Attorncy-General
| SAYS, was fully maintained, and II was
held that the action OF the court IN such
cases is not open TO review on habea'
corpus.