Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-06
Attorney General Harmon Tells Of
the Governments Legal Business.
THE PACIFIC RAILROAD LITIGATION
Importance of the Decision in the
Debs Case Shown.
LOCAL INSTITU ITO N S

Attorney General Harmon in his first an
nual report, submitted to Congress today.
shows that the number Of criminal cases
pending in the federal CO, rts July l, 1895,
was 12,495, an increase In two years of
more than 5000. That this increase is not
due to mere accumulation, 1t is shown that
in 1895 there were 25,949 cases disposed Of,
as compared with q. IA in 1894. The con-
victions during the year are shown to have
been GO per cent of the whole number, and
in government civil cases the percentage OF
judgments in favor Of the United States
was g. as compared with 40 in 1894 and Al
in 1898. The expenses of the federal courts
have steadily increased flom 1861, S9S in
1888 to s. 62s, 2223 in 1895. This is accounted
| for in part by the fact that since 1855 the
number of places of holding federal courts
has increased from 1856 to 227.
The Fee System.
The Attorney General calls special atten-
ten to tie fee system in federal courts, and
says that excessive and illegal charges can
in some measure be avoided by watchful-
ness and laborious investigation, but ar
rests and prosecutions on frivolous charges
and fimsy proof, to which a part of the
Increasing expenses of the federal courts
are due, cannot be prevented by the Depart
n'ent of Justice. This, he says, can be ac-
complished only by abolishing the system
which, by making the fees of commission
ers, marshals, clerks and attorneys the
source of their compensation, presents a
constant inducement to unnecessary arrests
ara litigation, and annoyance and loss Of
tine are lnfilcted on those Involved as par
ties or witnesses, and indirectly work both
material and moral injury to the public
Besides, class of professional witnesses
and informers grows up in many sections,
to the scandal of the administration of
justice. The Attorney General says that
| there is now no limit to the number of COM
| nlissioners which the courts may appoint,
and suggests that the number be limited
| by law. Upon the abolition of the fee sys-
tenn, he says, the number might be largely
reduced, and many advantages would be
gained by giving them final jurisdiction Of
petty offenses.
Abuse of the Hnbeas Corpus.
Attention is called to the growing abuse
of the writ of habeas corpus. The At
torrey General says it is wasting the time
of the Supreme Court, bringing discredit
on the administration of justice, and there
fore should be corrected. Proceedings in
state courts are absolutely STAYED by sec
ton 1G6 of the Revised Statutes, pending
to the Supreme Court from action of the
circuit courts on writS of habeaS corpus,
which may be taken az of right By
suing out successive wrltS and prosec utine
appeals to the Supreme Court almost IN
limited delay may be secured 1t is sug-
gested that the allowance of stay by the
Supreme Court or one of its judges be re-
quired at least on all appeals after the
first. If the Supreme Court was thus re-
lieved. Judge Harmon says, it's jur;sdic-
tlon over cases arising under the revenue
laws might and should be restored. The
Urited States has now no right to a review
by that court of any decision constituting n
tariff or internal revenue law. although
directly involved. The Attorney Genera
calls attention to the great and increaS-
ing necessity for an additional circuit judge
In the fifth and in the sixth circuit, and
urges that they be provided for at the pres
ent session Of Congress. ..
Pacific Railroad Litigation.
The Northern Pacific railroad litigation,
says the Attorney General has called at
tention in striking way to the necessity
of legislation to regulate the appointment
of receivers and judicial sales of railroads
parts of whose lines are in different cir
cults Public well as private interests
he says require the preservation of the
unity Of such lines in their management
pending foreclosure and IN their sale. This
can now be accomplished only by. harmony
OF action among the courts Of the various
circuits, but the appointment of receivers
and the repetition of orders cause a multi
pltcatiOn of trouble and expense.
The important thing, the Attorney Cen
eral says, Is to invest a single court with
control over the entire property. Action,
he says, should be promptly taken toward
working out some solution of the problem
presented by the governments relation to
these properties. AS it may become advis-
able or necessary, he says, for the govern
ment to institute proceedings against one
or both of these companies, ne calls atten-
proper court in the District of Columbia
jurisdiction Of the entire property and of all
Of the parties in interest.
Sites for Military Prisons.
The Attorney General calls the special at
tention of Congress to the act passed by the
Fifty-frst Congress authorizing the pur-
chase of sites for three United States pris-
ems, but which carried no appropriat ton
with 1t. 1t Is suggested that should Con-
gress deem it inexpedient at this time to
make the necessary appropriat tons to carry
that act into effect, that it should authorize
the erection of at least one peniten tiary in
a southern state for the confinement of con-
victs from southern districts. This meas
ure, he says seems to be impera lively de-
manded for reasons of humanity well as
economy.
The Debs Case.
The Attorney General speaks briefly of
the decision of the Supreme Court in the
Debs contempt case, and says that the
principles established by the opinion are OF
the highest value and Importance. The
jurisdiction of the courts to issue and en-
force injunctions against Interference with
interstate commerce and the passage OF
the mails, the Attorney General says, was
fully maintained, and it was held that the
action of the courts in such cases Is not
open to review on habeas corpus.
The Attorney General makes several per-
tiEeLt suggestions for the benefit of local
institutions as shown by the following ex-
tracts from his report:
Potomac Flats Litigation.
torney in charge, that on October II last
the Supreme Court of the District of Co.
| lumbia decided the case of the United
States vs. Morris, commonly Known as the
Potomac flats case, sustaining the claim
of the government to ownership of all the
land and water included within the limits
of the improvement of the Potomac river
ard its flats, In charge of the Secretary of