Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-12-10
ELECTS IN LAW
Some Pointed Out by Attorney Gen
eral Harmon.
Els ANNUAL REPORT TO CONGRESS
Pacific Railroads and the Anti
Trust Law Considered.
LOCAL STITUTION S

Attorney General Harmon today submit
ted to Congress a report of the operations
of the Department of Justice for the last
fiscal year, inducing a statement of the
business. of the Supreme Court, the Court
of Claims and all the federal courts. The
total expenses Of the federal courts for
the fiscal year 1894 were s633S, 416; 1895,
1902. 722, and 1896. $6,675,239. The Attor-
Eey General expresses his satisfaction at
the results. so far as obtained, Of the new
salary system which displaced the old fee
system on July Of the present year. The
returns. he says, afford striking evidence of
the wisdom of the course so long advocated
which removes the public service from
some of the common temptations to ex-
travagance and abuse. A very large re-
duction is shown in every one Of the items
which would naturally be affected by the
fee system. The fees for United States
marshals Will show a reduction for the
year of about 100000 from those Of the
previous year. Other reductions will be
made approximately as follows. Fees of
jurors, $215. 3O6; fees of witnesses, sS07, 073;
pay of bailiffs. $94, 800; salaries and ex-
lenses of district attorneys. $4,000. The
report shows that although there was an
increase during the year Of fifty in the
humber of cases docketed by the United
States Supreme Court, there was an in
crease of eighty-three in the number dis
posed Of
Two Defects in Criminal Law.
The Attorney General points out two de-
cts in the criminal law to which the at
tention of Congress is invited. 1.-THE first"
he says, lis the unnecessary and unfor-
tunate confusion of our criminal legisla-
ticn. Provisions are constantly enacted to
meet special cases. The consequence is
that it is often difficult to ascertain which
OF two or more laws is applicable to the
case in hand. Cases arise which ought to
be covered by the law, but are not, and the
same offense is visited with various de-
grees of punishment not determined by any
dinereEce in criminality, but merely by
the fact that the various statutes relating
to specific instances of the offense were
drafted by different men and passed at
different times. There is a general statute
Furnishing embezZlement, but there are also
many special statutes Furnishing embezzle-
ment In particular cases, and l am not
aware that it has yet been settled whether
the general statute applies to such cases
or not. There are statutes Furnishing
frauds on the United States in many spe-
cific cases, and there is a general statute
Furnishing conspiracy to defraud the United
States IN all cases; but there is general
statute Furnishing frauds against the United
States when committed by one man alone
L think that new crimes act should be
passed as speedily possible which should
contain provisions simple, easily under
stood and general in their scope, covering
such crimes as those above stated; that a
uniform system Of punishment should thus
be provided, and that as to cases arising in
the future the present laws relating to
these crimes should be repealed This
work could be easily and quickly per
formed by a commission.
Inc increasing repugnance on the part Of
Juries to infiict the death penalty, in con-
Eectlon with the fact that the law makes
no degrees in murder, constantly leads to
the entire acquittal of persons charged
with capital crimes in cases where the
for murder, but oblige the court to charge
that they do not permit conviction for
mere manslaughter. This danger to So
ciety can be at least mitigated by the es-
adjustment by statute of different degrees
of murder, with corresponding appropriate
grades Of punishment. Juries will not then
be confronted with the alternative Of a
verdict which carries the death penalty or
a verdict of acquittal in cases where they
think the accused guilty of murder but
not deserving Of the extreme punishment.
Writs of Error In Criminal Cases.
THE second defect is the unfortunate re-
suit of the present law governing writs Of
error In the Supreme Court in criminal
cases. Defendants in criminal cases are
generally poor. 1t is hard for them to OBJ
tain counsel to defend them at home but
it is generally beyond their power to obtain
counsel to argue their cases before the Su-
rreme Court. While the criminal jurisdic-
tlcn Of that court is now so extensive as TO
take up a considerable part of the time
spent by the justices in the study of rec
ords and briefs. yet the oral arguments of
these cases are, largely for the reason
above stated. comparatively few. They
mainly confined to cases against the
weather. classes of defendants, such as
smugglers and bank officers.
THE questions raised in these criminal
cases are for the most part comparatively
trivial and not of general Importance 1
think that transfer of the criminal aD-
peals to the Circuit Court Of Appeals. with
the present system of permitting important
questions to be presented to the Supreme
Court by certifcation is highly desirable.
THE cases of the United States against
Rider and the United States against Hew-
ecker" the Attorney General says, dis
close another grave defect in our criminal
procedure. The decisions are that the
statute permitting the Supreme Court to
ttficate of division of opinion between the
circuit and district judges has been i'm
pliedly repealed. The court had previously
held that there can be no writ of error on
behalf Of the United States in criminal
case. The consequence is that when a
doubtful point arises in a criminal case
there is no way in which 1t can be taken to
the Supreme Court except by resolving the
doubt in the first instance against the prls-
oner, permitting a conviction, and casting
upon him the burden and expense of prose-
cutting writ Of error. Formerly, when
question arose on demurrer or motion in
arrest of judgment. the Judges could GER
tify difference in opinion. This certificate
was submitted to the Supreme Court which
could thus in a cheap and expeditions man.
ner dispose of the question. l think that
the present state of the law is unfair both
to the government. and to defendants In
criminal cases. / rec ommend either that
the right to certify division In opinion III
such cases be restored or that a writ of
error be allowed to the United States upOn
questions arising on demurrer motion in
arrest of Judgment"
Cable Telegraph Injunction.