Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-12-11
ATTORNEY GENERAL HARMON
Points Out Many Defects in Our Presen
United States Statutes.

washington. Dec. 10-Attorney Cen
eral Harmon in his annual report says
that further defects IN the cflhliiidi "a" :
have been discovered during the past
year Criminal legislation is hopelessly
Confused. There is general statute
furnishing embezZlement. and there are
many special statutes pun!shlnS emDeZ-
Element in particular cases but ne IS
not aware that it has yet been settled
whether the general statute applies TO
such cases There are statutes Furnishing
frauds on the United States in many spe-
cific cases and there is general statue
Furnishing conspiracy 10 defraud the
United States in all cases, but there IS
no general statute Furnishing frauds
mtted by one man alone;
II think says the attorney general.
that new crimes act should be passea
contain provisions simple. easily under
stood and general in scope. covering such
crimes as those above stated; UNIFORM
system of punishments should be pro
vided. as to cases arising in future. and
the present laws relating to these crimes
should be repealed. This work could be
easily and quickly performed by com
mission Increasing repugnance on the
part of juries to intiict the death penalty
in connection with the fact that the law
makes no degree in murder. constantly
leads to the entire acquittal of persons
charged with capital crimes, in cases
where the facts proven not only warrant
a conviction for murder, but obl1ge the
court TO charge that they DO not permit
conviction for mere manslaughter. This
danger to society can be at least mlti-
gated by the establishment by statute
of different degrees of murder. with cor
responding appropriate grades of pun
ishment. Juries will not then be con-
fronted with the alternative of verdict
which carries the death penalty or YER
diet of acquittal in eases where they
think the accused guilty of murder but
not deserving of the extreme punish
ment.
knowing that Congress at its last SEES
sion had under consideration a bill to
regulate the landing of foreign cables
and believing the general sentiment ia
vors the exclusion of companies organ
lied in countries which refuse like privi-
leges to American countries. deemed II
my duty to direct that a suit be brought
in the southern district of New York TO
enjoin the contamination of the plan pro,
posed NV chief design was to AFFORD
Congress an opportunity to act upon the
matter before this cable should be lald.
An application for restraining order
was filed. but on the showing Whlch the
brief time it had to procure evidence, the
motion was denied. The case is pending
and will shortly be heard.
II respectfully suggest for the consid,
Grafton of Congress whether it would not
be wise to give authority to some eXecu-
tive officer to grant or withhold consent
to the entry of such foreign enterprises
into this country on such terms and con-
ditions as may be fixed by law. The ex-
istence of any executive authority over
the subject at present is involved in
doubt. and the court in which the SUIT
was brought appeared somewhat doubt
full as to the judicial authority in the
matter.
'.The companies defendant to the suit
are La Compagnie Franchise des Cables
Telegraphiques. the United States and
Haiti Telegraph and Gable Company. and
the United States and Haiti Gable Com
pany Their lines. commencing in
France were intended to reach this
country via South America and Haiti. in
both of which, and possibly also in
France | am advised. they have prlVl-
leges which are exclusive, at least as to
American companies.