New-York tribune., 1896-12-11
A ATTORNEY-GENERIL REPORTS
SUGGESTIONS MADE BY MR. HARMON
TO CONGRESS-
UNION PACIFIC LITIGATION-NEED OF REFORM
IN THE CRIMINAL. LAWs-rIIE BELL.
TELEPHONE CASES

Washington Dec. 1O.-Thc annual report Of At
tornoy General Harmon sent 20 Congress to-
CAV Concerning the Antitrust law he says that
the restricted scope Of It's provisions rs construed
by the courts makes amendments necessary y any
effective action is expected from the Department
of Justice. Besides. he adds the fund at the dis
posal Of the Attorney General which can b. ap-
Piled to tho investigation preparation and prose
cution Of cases under this law Is wholly inade-
Guate or the of the United States against
the Trans Missouri Freight Association now pend
ing in the United States Supreme Court. ana the
assertion that the act does not apply 10 raroais
the Attorney General says: while maintain the
opposite view and feel confident OF its correctness
the fact that such question can be raised '"u
has already been raised successfully In one court
affords an instance of the indefniteness OF the
terms Of this law, which Is serious obstacle IN
the way of it's prompt enforcement
The report of George fIoady. specla! counsel
for the United States which is appended TO the
report. shows that there IS no suhsiantial chans"
In the state Of the litigation ahou; the Union "a
cifc Railway and Its branches. and concerning
the subject the Attorney-General says i nave
grave doubts 10 the ability OF the GoV'rhhenl
10 preserve the present situation mrch ionso''
am advised that an attempt will be made 10 en-
force the Governments appearance IN the iore'
closure case with view OF giving comp'e'o u''s
TO the purchaser at the foreclosure SAFE Nn''e
believe the position heretofore taken ana SUN h''
w. that its appearance cannot be compe"'o' "
mus, he confessed that the contention OF opposing
counsel is at least debatabe. viz that wh''e Inc
Government cannot be sued with we" W '''o'
erv against it. it may properly be made party
TO suit in equity brought by the holders OF "''''
issued by its express consent upon properly ~
which Il has itself reserved lien As the ohIY on
;ec, of keeping the Government orf o' INV
case so far has been to secure some favor So'u
ton of the difficult problem presented oy IL CIV"
shin Of n subordinate security upon property ""''
value is generally believed TO he insuh'ie' 10 pa,
| in full any hut the first mortgage mems INN
that unless the pending funding bill be raSE'" anu
| oocor,od tho Government should cndcavor 10 So
| crre forms for It's appearance in court In the way
! Of an assurance Of such bid on the properly III
| case of judicial sale as Will secure 10 !" IAN -
a,ization of the value Of its lien u '''S W "o'
| done and the Government should be coi"pe''' ~
eli. 70 protect its own interests. or required 90 '
~or o,d CO, I'M its claim in the pending case. The
: ho,os, ~ the posi,.on so long maintained may DO
| largely lost l.,
| The Attorney General thinks new crimes "'' =
needed Further defects In the crimnal laws WIZ
discovered in the last year. criminal "e's''''o" -
hoDelessy confused. the Auorney-'ene'" s"'
Ie ,o,nts ou, that there IL general statute punish
inc embezzlencnt but there are also many sp'o'hl
statutes Furnishing embez@emeht III P''" '''''
cases and he Is not aware that IL mas wv w."
settled whether the general satu'" hppheS 10 S"'"
or
on the United States in many specih' cases anu
,borc is a general statute punishing conspiracy l"
dcfraud the United States In all cases but tho'c i
no general statute Furnishing if"""S "s"'',1
I-nited States when committed by one man a'oh''
..r ,hirt the Attorney General says. "fha' ne"
crimes act should I've passed as Spe''', eastIy
,hich should contain provisions S""p'', '"a"s ~
W. ,aod and general In their scope coFe'ihs SUI"
~ &c those above stated; that UNIFORM S'S
an NJ punishments should thus nc h nrcsent
ZEN @ VI M 70 eases arising In the fnturs' l"' roIT
that as ,n 10 20 these crimes should be Repeated
rbs work could BE- easily anu qn,m5 nee on rhe
by d 90 inrics 10 infiict the death ptIhs, r ~
ppecion With the fact that ihe aW ,i,n acn1itta
nectioi constantly leads 10 the "ntif' ''P"''t"
IN muruv, mrsnns charged with capital crimes III r,sr s
where the facts proven n1s o' Suri TO charge that
iSr r do no, permit conviction for inere m ras,
slaughter THIS dansfI % by statute of dlf
mi,ga'ddnn dnepccs OF murder with Corresponding I al
fercnt ues grades Of punishment Juries VIII no,
propra cd with the alternative OF vefdic
which carries the death psfhh;k hnk th accused guilty
W ,,rd"r but not deserving OF the extreme pu''"
| ment." cha at,empts Of foreign cable com
Conce,nbtnIsb ,,bIcb excluded business with American M
Companies to secure landing landing on as ,he thiS TO say
rnea mat Congress at its last sess1n nag
ana 's beeyns to that The
sentiment favor. the eSGiHsonf rHfue oa ike prviicges
1, 20 st 10 be brought in the Soutn,Tm D'iSe ,%
OF Hnhoye Hew.no'n mentioned Ny chief design VAS 10
aord Congress a an abp should be laid Appca
inn for a restraining order was hieu, pu =, ~" nsKc
showing which the GSvernnml ~ ,rocre evidence the
in o,ion 'hs GTis was denied The howeyI is pend
Ing and T shSTy es e"a' of consrsss
5so"d not be wise to give authority 10 son' -, ,hn
ye m nch foreign enterprises into this connTy
on such and conditions ascn,ive as authority
over the subject al, present s nvoven IN an
and ne =, c{r. be somewhat M doubtful judicial a,,
p,,, in The matter. The companies deiendahs
o NE snIi nhaes ars IA the niied states iay ee
ara1h and Gable Company and the lhi,eu ".ams om'
and sy IN Franz France sash ,his a
Country via South America ara FTana ny am m ADVISED
mat they have privileges which are exclusive "'
Least as h 10 THrephone cases are treated by the
He sees no h91e Tor =, h 'Crmln Cdpnrn
,lon OF .r 1be suit 6y the Government TO cancel The
1 rIiner patent United States against the amer
car % says has recently been argued ana submited
in Supreme GoIr' in need sass against the
}r Telephone COMPANY and AleTander GRAHAM ansn
Bell commonly my Distric, Of Massachusetts is. o.
nest Concluded but the sols counse ior Inc Coy
Snuinq died during the summer ! have not ieii
ms,ed in employing other GounsS i9r
reasonS s,nce EXPIRED secondThe only pr ictca ad-
vantage wRcn it w Il nS% COME from m M winning
meIt , ~ csee abcye mentioned; II 1t lose that case
see no sound for pursuing nc @tnGi
ani IL in the preparation and conduct OF tniS case
some Of the details of which wore s'asca ~ '
cnmpetent TO finish preparing and TO preacnt lms
case would be large In view oi tne me o
as ma oanstons presented In my Judgment ihs SUI
tho,1d no terminal ted the best terms optalnaoIe
sno ~ 20 costs I know OF reason why the iovern-
! ,nent more than private person. shou'd w'ste SIC
men.. IL iit,ration when its uselessnsss mas De-
npe ncpn' apparcnt In view of there beng now no
spHciai counsel for the Govern nent IN Inc onn cmsn
ssp.n ,,ode an ARRANGEMENT with opposing couhsc.
Whereby no advantage VIII be taken OF T.. presen
inncrcss as 10 the course to be followed IN this