Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-12-10

$3.50 ~ AAAsAASs ~ SAAofSC-sAS ooN
ernmenfs appearance IN the foreclosure
case with view of giving complete title
to the purchaser at the foreclosure sale
While l believe the position heretofore
taken and still maintained for the govern
ment Is the true oneLnamely, that its ap-
pearance cannot be compelled, it must be
confessed that the contention of opposing
counsel is at least idebatable viz: that
while the government cannot be sued with
view to recovery against it, it may prop
erly be made a party to suit in equity
brought by the holders of bonds issued by
us express consent upon property which 1T
mas itself reserved lien. AS the only OBJ
1ect OF steadfastly keeping the government
out OF the cases thus far has been to secure
some favorable solution of the difficult
proplem presented by it's ownership of
sapord ~ security upon property whose
value Is generally believed to be insufficient
u! 10 pay In fuil any but the first mortgage
liens. 1 think that, unless the pending
Oil DE passed and accepted. the govern
i i,en as snoalo endeaVor to secure terms for
lts appes rance In court in the way of an
assurance OF such bid on the property in
case OF judicial sale as will secure to it
t tsi realization of the value of it's lien. If
should be compelled to sue to protect its
own interests, or required to appear and
set up It's claim in the pending cases. the
penent OF the position so long maintained
The Anti-Trust Law.
on the subject of the antitrust law the
Attorney General says:
Inc restricted scope of the provisions
OF th1s law, as they have been construed
oy tne courts, especially in the case of the
United States VS.. E. c. knight Company
makes amendments necessary If any effec-
i've action Is expected from this depart
ment. BESIDES, the fund at the disposal
OF the Attorney General which can be D.
pIieo 10 the investigation, preparation and
h
wholly inadequate.
Many complaints have from time to time
been made by private citizens and others
OF combinations In restraint of trade and
commerce and of alleged monopolles l
nave caused to be investigated, as well as
the means and force at my command
permitted, such of them as seemed likely
TO come within the scope OF federal au-
tnorlty over interstate trade and COM
merce, to which alone 1t extends. The only
case, however, in which sufficient evidence
was discovered to justify action was that
OF the Joint Traffic Association of Trunk
Line Railways against which bill was
filled by the United States January .,
1886, In the circuit court for the southern
district of New York. Although the case
was ably prepared and presented by Mr..
allace Macfarlane United States attor-
ney for that district, under my supervision,
the court, Judge Wheeler presiding, dis
missed the bill, holding that he articles
OF agreement of the association were not
~ fioiosAoiA VI tAc law. Inc case IL LOW
pending in the circuit court of appeals
for the second circuit and will soo1 be
argued. The case of United States VS.. La
Compaisnie FRANCHISE. &c, is also TO some
extent affected by this act.
THE case of the United States agt. the
Missouri Freight Association, con-
sisting of eighteen railways west Of the
Missouri river, which was brought in the
and combination among these companies
to maintain rates of freight was decided
against the government in both the circuit
court and the circuit court Of appeals, one
judge of the latter court dissenting. The
case is now pending on appeal in the Su-
preme Court of the United States, and will
be argued about the time Congress assem-
bles. The circuit court held in this
that the law in question does not apply to
railroads, chiefly on tie ground that they
are exclusively regulated by the inter
state commerce act. The circuit court of
appeals, without directly passing upon this
question, held that the action of the rail-
way companies was not in violation of the
act of July 2, 1890. The claim that the act
does not openly apply to railroads Is urged
with confidence In the briefs of counsel now
on file in the Supreme Court While l
maintain the opposite view and feel con-
fident of it's correctness, the fact that such
a question can be raised, and has already
been raised successfully in one court. af-
fords instance of the indefiniteness of
the terms of this law, which is a serious
obstacle In the way of its prompt enforce
ment.'
The Attorney General makes the follow
ing reference to local institutions under his
supervision:
The District Jail.
The Jail in the District of Columbia seems
to be in excellent condition, and its man
agement satisfactory. The prisoners are
well fed at a moderate cost. and the total
expense of conducting the institution has
not been increased.
l again invite attention to the necessity
for additional accommodations for female
prisoners, the present quarters being
wholly inadequate. Repairs are also re-
quired in order to preserve the Jail wards.
This can be effected by concerning a sufii-
cient space at the base Of the walls. and
the work should be done as soon as posi-
BILE. l recommend an appropriation of 81 800
for these purposes.
1 mention again the ACCESSIBILITY of a wall
around the jail. This improvement has
been recommended in former reports. and
think that the additional security it would
afford should no longer be withheld.
During the year ending October l, 1885,
1902 prisoners were committed to the Jail,
with a daily average of 3OS.
The Reform School.
The report of the board of trustees of the
reform school of the District of Columbia
shows that at the beginning of the last
fiscal year there were in the school 81
boys; there were received during the year
1O7, total of 32S, as against 313 for the
previous year. Sxty-seven of those re-
ceved were committed by the Police Court
and eight by the Supreme Court of the
District of Columbia, eighteen by United
States courts outside of the District, and
fourteen by the president of the board of
trustees.
There were discharged during the year
eighty-nine by order Of the trustees, four
teen by expiration of sentence UNITED
States courts), two by order of court
(change of sentence), one by pardon and
four escaped and are still absent, leaving
in the school June 80, 1886, 21S. There
were no deaths during the year, and the
general health of the inmates has Eeen and
is good.
In last years report ! said:
The trustees say they have been for years
of the opinion that the discharge from
the school should be limited, not absolute.
and that Congress should be asked to
provide by legislation for such control by
the board of trustees OF the boys after dis
charge as will enable it to reclaim ard
return to the school any boy who. by his
bad conduct. shows himself amenable to
recommitment." They state that a bill
on the subject was favorably reported to
the House of Representatives at the first
session of the Fiftieth Congress, but was
not acted upon.
l think the suggestion of the board IS a
oood ono and r+peat recommended ton