New-York tribune., 1895-12-07
Mr.. HARMON'S FIRST REPORT.
WORK OF THE DEPARTMENT OF JUSTICE
REVIEWED.

TION FOR RELIEF OF THE SUPREME COURT
AND THE COURT or CLAIMs-soME NOT
ABLE CASES DISPOSED oF-THE
GOVERNMENT AND THE PA
CIFIC RAILROADS.
Washington. Dec. 6-The first report oi '"'
Harmon as Attorney General. containing re''e"
OF the operations Of the Department of justice lo'
the last fiscal year was laid before Congress 10
day 1t treats az length OF the business ol "'e
Supreme Court OF the United States, ana recon-
mends that except in capital cases appea'S "
criminal matters should not be taken 10 tne -
preme Court. To accomplish this result he 'e'
ommends amendment OF the law 90 a. - -
clude the words other Infamous crimes' from 'he
subject appeal to the highest triDuhai anu
to remit minor cases to the courts OF appeal ~
points that the words infamous crimes nav
received broad Interpretation. Tne dehit'o"' "e
says. includes all offences which may be pun
ished by imprisonment at hard labor, or LOT ",
than one year without hard labor. whether the'
are actually 50 punished not II such punlsh"'''
might have been inflicted the may be taken 10
the Supreme Court. even IL the culpr.t mas e7clp-u
with mere fine That high tribunal OF nine J"'H'9
is frequently required review convictions ol s"''
offences "a passing so OF counterfeit money ''"''
Ing over 50 FOR legal assistance 10 a Pe"So'e'
and unlawtuliy cutting timber
Another recommendation OF the Attorney-HTher"'
called ont by recent d.latory proceedings IN the
case of Dr. Buchanan. the New-Nork wife poisoner'
and a number % other notable murder Cases Il
as follows:
growing abuse Of the writ os habeas corpus
sh9ri he Corrected which Is wasting the time or
ihs Sunrene court and bringing discredit on the
administration OF justice. Proceedings in STATE
aonrts arr absolutely stayed by section TO- Reyise!
Statutes pending appeals TO the ouPit',te t ,,.,s
from action OF the circuit courts on writi 0i habtd-
corous which may Ue taken as OF rlsA 10y S'''.H -.
out successive writs ana prosecuuhs APP -
tho supreme Court persons convcteo IN III 5lavs ,.".
courts have succeeded IN securing repeated u''"s
50 long as prisoners are able 10 cmploS 'ouii i hat
respectfully suggest. d. cure ioi lnS e. or
"a Judge thereof be required al irdst Oh d" az
peals after the FIRST. ,
suggested IT, Jurisdiction over cases arisnS uili'I
the revenue laws nigh and should DE- resloLr
by mat court of any decision constituting a iaI,h
or internal revenue law. although miino', %
FOR appeals ana writs OF error from The CTGsmt
Court OF Appeals in these c4ses Z Zsfd' setes 10 ,.
would be highly beneficial TO the Government
COURT OF CLAIMS OVERWORKED
The number OF cases on the Supreme Court docket
M the end OF the October term 1894 is stated AT
go In 1So there were 1870 and since that date the
court has been gradually reducing the amount OF
accumulated business. There are 5000 cases on 'he
docket OF the Court OF Claims. and 1t IS Increased
by cases year. Discussing this point Attorney
General Harmon says:
The very dsent exertions OF the present IofSe rec
serve TO dispose OF less than 40 annually. ror tl-
preparation Of the claimants side OF SUITS thert :
a roll Of more than one thousand attorneys o. "non &
some hundreds devote their Whole tline IhrIt'o'
Against these is "A corps OF seven assistant at
t0Tnevs for the defence With such csproportlon oi
force il superiuous TO stat" that the deIy7Nv
preparation cannot be as thorough as IL shouli o..
nen Incurred by reason Of lack OF time for proper
preparation may involve many times me cost ol xl
adequate increase Of force In my estimate 10Y the
next fiscal year have included an increase OF al-
proximaiely one-third. which 1t s believed VIII SUI
the Court of Gains Until that is accomplished Il
Is not necessary FOR either Cohress 9i onc t D
court The court is by present methods able to hear
anl decide many more cases than can be prepared
Mr. Harmon gives a brief summary Of the cele-
brated Pcralta Reavis case involving the title to
over twelve million acres Of land in Arizona and
New-Aiexlco under an alleged Spanish grant which
was recently decided in favor Of the United States,
and says o. il:
The court by unanimous decision he'd that every
title paper out of the hundred or more pre-
seutei had been manufactured ami forged. in whole
or in part ana slIrreptitiously deposited among tn
archives I'm the countries named. The case l. re-
markabe as probably the greatest fraud ever at
tempted aeains; a Government in its courts
titles held 10y actua settlers. Since the decision
have caused Reavs to be arrested and indicted for
fraud and perjury. and he is now in prison awaiting
trial
Referring 10 the Cree County Crexas) boundary
case. now in the Supreme Court Mr.. Harmon says:
The controversy depends Oh the meaning of the
1 y ,o q y StTeg n S an the ne two ne cS6Ts %
Whlcn treaty Wa@ III TURN adopted py treaties OF ne
United states with Mexico and with Texas. The
10 he D5lf mcraan Texas cams Hat When the
forks OF tie river are reached the lne should fol-
IL s.oni ] Ono" 'pss.Ient ,rtt,,r in NM ISL
ami b., President Cle.c.and in December. lsS1 Texas
' b Sisi Snail he in favor o. the nitsi Sfaes
tho question VII arise whether Congress should
have an undoubtei righ, to do or provide lessla-
lion by which they may be protected uDon making
relsonab.e paymen; for the land occupied.
The Attorney Genera. asks Congress t. direct him
what to do in the Bel Telephone litigation. The
expense Of this case he says Is heavy It VIII take
SIX months 10 prepare rebutal testimony. He faYoTs
continuing the case hna. decision. provided the
expenses can be met and says:
If the people have beer deprived OF their natural
Tgs1 ny "s sver ii Would not be proper
on It's part to discontinue ltigaiion Wmch mas pro9
ab'v been purpOsely protractei until the patents
have expired hut SUCH ltisailon should be PgI
action on IT, part. its right 10 sue 10 annu patents
THE PACIFIC RAILROADS.
Mr. Harmon discusses the relations of the Union
cldc Railroad and "a branches t. the Government
He says
The situation has been maintained as II was wh,n
the last Congress ailYurhtl 80 ltl a. .sN"s 80 ~
eifv bonds are about % fall due of those issued 70
the Central Pacific. as well as those ISSUED 10 10 me
-ui0n Pacific Company. AMI no assurance can De
eir.r ttaf the present situation vii he long main
,aned Action shonl be pro~ptSy 'oEg9 1T5be o~ prc
s,nt4I bv the Governments relation 20 these proper
ti.s A. il may become alNlsaD Die or necessary loi
,I. C.nveru.Yeut t. institute legal proceedings
against one or both Of The companies above nauel
4 hoo to cal attention 20 fh' necessity oi IA"
'.,srl sop,- prop. court in tie District OF Cq.uu-
hs Jurisdiction ~ the entire properly ana or an tHe
-arfle- in Interest WHAT has pern heielhbrioTr
aid as 10 the general necessity or giNlhs one ''
f,il jurisdiction il sucn cases applies " IN especial
: % rere such provision was Included in the OH
f,~,,,r. bv Attorney General prey AT the rcquc-
Of h4 last Congress. II should now be Fut ~ @ 1i,c
Of
OF any particular plan oi reorsanizatl9n. ntl tne
~. 20 of .1ich an act any attempt Of the Govern
~Dnf 10 D,oiect IL rights by litigation Wi! Dr. greatly
hamucrei.
In regard 10 the Northern Pacific Railroad MS
r.,ommeraatiCus are as follows:
.ai.d af,enfion in a striking way 10 the necessity
vbich has long existed OF legislation 70 regulate
tb. srnolnfmcnt of receivers and Judicial sd-rs o.
r,uro',ts u.rts Of which lines in different 'lI-
mis- pubic as well as private interests require
~ ure4eryatiOu of the unity Of such lines III theF
1..nA-nr fnra.lnsur. and Lm tnclr sale.