The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-12-07
Submitted to Congress by Attorney General
Harmon for the Last Fiscal Year.
ABUSE or WRIT OF HABEAS CORPUS.
Recommends That Only Appeals in
Capital Cases Should be Taken 10
Supreme Court-The Texas Boun-
diary Cnse-Adviscs Persistent I.iti.
Sation in the Bell Telephone Case

report of Judson Harmon. as Attorney
General, containing a review of the oper-
ations 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 and
recommends that except In capital cases,
appeals In criminal matters should not
be taken to the Supreme Court of the
United States. TO accomplish this re-
suit he recommends an amendment OF
the law so as to exclude the words 9th
er infamous crimes" In the cases sub
Ject 10 appeal to the highest tribunal
and to remit minor cases to the courts
OF Appeals. He points out that the
words infamous crimes" have been
given very broad Interpretation. The
definition. he says, includes all Of
fenses which may be punished by i'm
prisonment at hard labor. or for more
than one year without hard labor.
whether they are actually 50 punish
ed or not. II such punishment might
have been inflicted the case may be
taken to the Supreme Court, even IL
the culprit has escaped with Il mere
fine That high tribunal of judges is
frequently required TO review convic-
lions OF such offenses as passing $50
of counterfeit money, charging over
S23 FOR legal assistance to pensoner,
and unlawfully cutting timber"
Another recommendation called out by
recent dilatory proceedings I'm the case
poisoncr. and in q number Of other nota-
Die murder cases, Is as follows:
~ growing abuse Of the writ OF
haDeas corpus should be corrected
which is wasting the time of the Su-
prcme Court and bringing dIscredit on
the administration of justice. Proceed
ings III State courts are absolutely stay
ed by Section I66 Revised Statutes.
pending appeals to the Supreme Court
from action of the Circuit Courts on
writs of habeas corpus, which may be
taken out as of right BY suing out
successive writS and prosecuting ap-
peais to the Supreme Court persons con-
Victed i'll 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. ] respectfully suggest, as n
cure for this evil. that the allowance of
n stay by the Supreme Court or a
Judge thereof be required at least. on
all appeals after the first"
Thd Acknowledgement adds:
III the Supreme Court were relieved
as above. its jurisdiction over cases
arising under the revenue laws might
ana should he restored The United
states has now no right to review by
that Court Of any decision constituting
a tariff or internal revenue law, al
though millions of dollars may be d.
rectly or indirectly involved pro-
vision Tor appeals and writs of error
from the Circuit Courts Of Appeals I'm
these cases, similar to that contained in
section IOI. of the revised statutes
WITH respect TO appeals from the Court
OF Claims, would be highly beneficial to
the Government"
Referring to the "Geer county" Tex,
boundary case now in the Supreme
Court, Mr.. Harmon states:
The controversy depends on the
meaning of the treaty of 1919 between
Spain and the United States fixing the
boundary line between the two coun-
tries. which treaty was in turn adopted
by treaties of the United States with
Mexico, and with Texas The treaty
describes the line as running up Red
river to the one hundredth meridian
Texas claims that when the forks OF
the river are reached the lines should
follow the north branch. In spite of
proclamntions by President Arthur in
1854 and by President Cleveland i'm 1887
Mexico has encouraged settlements in
this country, and If the decision shall
bc in favor of the United States the
question will arise whether Congress
shall wholly disregard the claims of set
tiers. or provide legislation by which
they may be protected upon making
reasonable payment for the land oc-
cupied."
1t will take six months to prepare re-
buttal testimony in the Bell Telephone
case, he says He favors continuing
me case ulltli nhai decision, provided
the expenses can be met, and says:
IF the people have been deprived of
their natural rights by the improper
issue of patent. as the Government
AYERS, II would not be a proper course
OF It's part 10 discontinue litigation
which has probably been purposely pro-
tracted until the patents have expired.
but such litigation should be persisted
in to establish finally for the sake of
future action on its part, its right to sue
to annul patents"