Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1896-12-11
Mr.. HAPNON'S REPORT.
He Points Out Some Defects in the
National Statutes.
These Are Particularly Noticeable
in the Criminal Laws-The Pa
ciflc Railway Gases and the Anti
Trust Law Discussed-Some Re
Communications Made.

Washington. D. c., December 10
Attorney General Harmon, in his annu-
al report to Congress, expresses his
satisfaction at the results, so far OBJ
tained, of the new salary system which
displaced the old fee system on July
l 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
extravaganza and abuse. \ very lage
reduction is shown in every one Of the
items which would naturally be af-
! fected by the fee system. The fees for
United States marshals will show re-
duCtion for the year of about $iOO,OOO
from those of the previous ear. Oth-
er reductions will be made apDroXi-
mately as follows: Fees of jurors,
/ s215.3 fees of witnesses, SSOIOI3;
pay Of bailiffs. $94,920; salaries and eX-
penses of district attorneys, $l92,O4Z.
The report shows that although there
was an increase during the year Of fifty
In the number of cases docketed by the
United States Supreme Court, there
was an increase of eighty-three in the
number disposed Of The dOckets at
the close Of the last term show a de-
! crease of 107 cases since the close Oh
'he preceding term.
The Attorney general points out two
( defects in the criminal laws, 10 which
the attention of Congress is invited.
| The first, he says, is the unnecessary
and unfortunate confusion Of our GRIM
inal legislation. Provisions are con-
stantly enacted to meet special cases.
/ The consequence is that it IS often dim
| cult 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 degrees
Of punishment not determined by any
difference in criminality, but merely
by the fact that the various statutes re-
lating to specific instances OF the Of
fense were drafted by different men
| and passed at different times. There
| is a general statute Furnishing embeZ-
element in particular cases, and | am
not aware that it has yet been settled
whether the general statute applies
to such cases or not. There are stat
utes furnishing frauds on the United
State in many specific cases. and there
/ is a general law to punish conspiracy
20 defraud the United States in all
| cases: but there is no general statute
furnishing frauds against the United
States when committed by one man
alone.
"I think that new crimes act should
be passed as speedily as possible, which
should contain provisions simple, cas-
lily understood and general in their
scope. covering such crimes rs those
above stated: that a uniform system of
! punishment should 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 performed
| by a commission.
"The increasing repUgnance on the
part of juries to inllict the death penal
/ tv. in connection with the fact that the
law makes no degrees in murder, con
stantly leads TO the entire acquittal OF
persons charged with capital crimes in
/ cases where the facts proven not only
warrant conviction for murder, but
oblige the court 10 charge that they
do not permit conviction for mere
manslaughter. This danger to society
can be at least mitigated by the estab-
lshmeut by statute of different de-
grees Of murder. with corresponding
appropriate grades of punishment. Ju-
res will not then be confronted with
the alternative of a verdict which car
ries the death penalty or a verdict Of
acquittal in cases whore they think
the accused guilty Of the murder, but
not deserving of the extreme punish
ment.
On the subject of the antitrust law
the attorney general says: The re-
stricted scope of the provisions Of this |
law. as they have been construed by
the courts. especially in the case Of !
the United States VS.. +. c. Knight !
Company, makes amendments neces-
sary ii any effective action is expected /
from this department Besides the
fund at the disposal Of the attorney
general. which can be applied to the
investigation. preparation and prose-
| cUtiOn Of cases under this law is wholly
inadequate.
Many complaints have from time to
time been made BY private citizens and
other combinations in restraint Of trade
and commerce and of alleged monopO-
! lies. have 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 authority over Interstate
| trade and commerce. 10 which alone II
+ extends The only case, however, in
which sufficient evidence was discov-
cred to Justify action was that of the
Joint Traffic Association OF Trunk
| Line Railways. against which bill was
| filed by the United States. January y,
! 1896. In the Circuit Court for the South
ern district of New York. Although !
the case was ably prepared and pre-
sented by Mr.. Wallace MacFarland, !
United States Attorney for that dis
t~ict. under my supervision. for the
court. Judge Wheeler, presiding, dis
missed the bin. holding that the artic-
| les of agreement Of the association were
not i'm violation Of the law. The case
is now pending in the Circuit Court OF
ADppals for the Second circuit, and Will
soon be argued.
The wife of Mr.. Leonard Wells, Of East
Rrimaeld. Mass. had been suffering from