The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-11
HARMON'S REPORT.
HE DISCUSSES MANY POINTS OF
INTEREST.
Among Them the Union Pacific
Railway and Its Branches-Need
For Legislation In Several Direc-
fiOns.

Washington, Dec. 1G-The annual re-
port of Hon. Judson Harmon attorney
general Of the United States. was sent to
congress today. Concerning the anti
trust law, he says that the restricted scope
or Its provisions, as construed by the
courts. makes amendments necessary if
saiIy effective action is expected from the
department of justice. Besides he adds
The funds at the disposal of the attorney
general winch can be applied to the in
VestIgation, preparation and prosecution
quate.
OF the case of the United States VS.
the Transmissouri Freight association
now pending in the United States supreme
court and the claim that the act does
not apply TO railroads, the attorney general
says:
while I mainain the opposite view. and
feel confident of its correctness, the fact
that sucn question can be raised and
has already been raised successfully in
one court, affords an instance of the in
defnitenesS of the terms of this law.
which is a serious obstacle in the way
OF its prompt enforcement.
The report of Hon. George Roadley,
special counsel for the United States,
which is affixed to the report, shows that
there IS no substantial change in the
state OF litigation about the Union Pacific
railway and its branches and concern
ing the subject the encouragement saws:
Il have grave doubts as to the ability of
Inc government 10 preserve the present
situation much longer. | am advised that
an attempt win be made TO enforce the
governments appearance in the fore
closure case, with a view of giving a
complete title TO the purchaser at the
foreclosure sale. While | believe the no
Siuon heretofore taken, and still main
tanned by the government, is the true
one namely: that its appearance cannot
be compelled, II must be confessed that
the contention of opposing counsel is at
least debatable, viz: That while the gov
eminent cannot be sued with a view TO
recovery against, il may properly be made
a party 10 a suit in equity brought by
the holders of bonds issued by its eX-
press consent upon property upon which
it has itself a lien.
las the only object of steadfastly keep
ing the government out OF the cases thus
far has been TO secure some favorable so
luton or the CLhcuIt problem presented
by its ownership of q subordinate secur-
it- upon property whose value is gem
orally believed to be Insufficient to pay
in full any but the first mortgage liens,
] think that, unless the pending funding
bill be passed and accepted the govern
ment should enGeavor 10 secure terms
for its appearance in court in Wav of an
assurance of such a bid on the property
in case of the judicial sale as will Sc
cure TO it a fair realization OF the value
OF its lien. If this be not done. and the
government should be compelled to sue
to protect its own interests or required
10 appear and set up its claim in the
pending cases, the benefit of the posi- /
ton so long maintained may be lost
a crimes act IS one of the things the /
ettorney-general thinks is needed. Fur /
Their defects in the criminal laws were /
discovered during the past year. Grim /!
inal legisla ton is hopelessly confused [
says the attorney general.
He points out that there is a general /
statute Furnishing embezzlement but 4
there are also many special statutes pun 1
ishins embeZZlement in particular cases /
and he is not aware that it has yet beer; |
settled whether the general statute ap- /
plies TO such cases or not There are |
statutes Furnishing frauds on the United !
States in many specific cases. and there /
is a general statute furnishing con-
all cases; but there is no general statute /
Furnishing frauds against the United
States when committed by one man alone.
He suggests that commission could
law, covering uniform system of pun
ishments. He says that the increasing
on the part Of the juries to
infiact the death penalty, and the fact
that the law makes no degrees in mrr-
der, constantly leads TO entire acduittal |
and that this danger TO society can be at
least mitigated by the establishment of l
different degrees of murder. with CORES
ponding grades of punishment
Concerning the attempts of foreign ca
with American companies to secure land
ing on the shores of the United States
Mr.. Harmon respectfully suggests for
the consideration of congress whether ii
some executive officer to grant or with
hold consent to the entry of such foreign
ent srprises into this country on such
terms and conditions as may be fixed nv
law. The existence or any executive au-
thority over the subject at present is in
volved in doubt.
The Bell telephone cases are also
II red by the attorney general. He saws
mere is no hope for termination of the
pending cases favorable to the govern