New-York tribune., 1899-07-21
CODIFYING FEDERAL LAWS.
WORK OF THE COMMISSION APPOINTED
BY THE PRESIDENT.
NEW CODES FOR ALAsKA-PUN1sHMENT OF
OFFENCES AGAINST THE POSTAL
sERv1cE-REvIsIoN OF THE
JUDICIARY ACT.
on.,v TO THE TRIBUNE. !


~oS,,v the criminal and penal laws OF the Ohlteo
States In pursuance OF this authority President NC
Kinley appointed Albert c. Thompson OF oliio % VIM
WAS a member OF the XL1Xth. Lth ana bis' W
.sresses; Alexander c. Botkin or Mo"'''
David b. Culberson of Texas. VINO was ~ ~,
=, Congress for twenty-five years and for eien'
wears the chairman Of the House Comm''ee o' ~
yud,carv In September 1895. Mr.. Thompson re-
signed on being appointed Judge OF ue o"
S,a,os n,sr,ct Court for the Southern District OF
Ohio David X Watson. ex-Attorney-1ehef" VI
Ohio and q member of the LIVth Congress- was ap
oo,nted TO succeed him. Mr. Botkin was CHOSEN 10
succeed Judge Thompson as chairman OF the Coh-
mission.
The first work OF the Commission was the prepap,
alton of a penal code for Alaska The act ol 1901
,a,daa ,hs laws y, Oregon over that district. but
they proyed a misft in many important respe0'S'
and the large accession TO the populauoh renueie
AZ urgent that they should be revised aho auap'eu
10 the local conditions. A criminal code ana coue
OF criminal procedure were prepared ana repoi 'eu
10 the Attorney-General, who communicated 'nehi
fo Congress With some amendments. including the
addition OF a system Of licenses upon occupa'io''
Congress enacted these codes. and they are no"
the law In that district-a result which Is 10 oe
credited in a large measure to the unremtting Ell
forts of yespasian warner chairman OF the House
Committee on the Revision OF the Laws. ana 10 sen
ator Carter OF Montana. In the mean une Con-
gress had added TO the duties of the COMMISSION
the preparation OF civil code and code OF civil pro-
cember last and are now In the hands OF Congress
PROTECTION OF THE MAILS
In February the Commission reported to Congress.
through the Attorney General, revision OF the
laws defining and Furnishing offences against the
postal service This work elected warm commenda-
tion from the officials Of the Postofhce Department
and II is probable that II will receive favorable ac-
ton at the hands OF Congress at the next session
Some defects the present laws respecting crimes
tie Cfr
Ter Of urprise that they had received considera
ton and correction at an earlier day For example
a railway clerk in travelling from Washington 10
New-York passes through not less than hve judi
cia districts In he abstracts letter en- route
ne can only be tried in the district where the Of
fence was committed: but 1t is, humanity speaking
impossible in nine of ten to prove at what
particular point the trip he misappropriated the
letter or its contents. Hence CONVICTION IN such
cases was almost impossible This has been reme-
died by a provision making 1t an offence tor any
person having charge of the mail to fail to deliver
any part of II al its destination. at the place
where he is required to deliver II TO another car
rer The evil OF private postofhce boxes was
brought to public notice by the murder OF Mrs
Adams in New-York. and a provision has been IN
serted designed to correct this evil. A number OF
other provisions are embodied which, IT is believed,
will aid in the punishment Of persons committing
depredatons upon the mails or perpetuating frauds
through their agency.
The Commission has also prepared general code
for the punishment OF all crimes committed within
the territorial and maritime jurisdiction OF the
limited States The present code occupies seven
pages Of the Revised Statutes. supplemented from
time TO time by fragmentary legislation. the whole
constituting deplorably inadequate system of laws
for the purposes designed 10 be subserved. The
titles defining offences against the existence of the
Government, against the law OF nations, against
Justice and against civil rights and the elective
franchise have been matured. but are not yet re-
ported and several other titles of the criminal law
are already at an advanced stage Of preparation.
REFORMS IN COURT PROCEDURE.
At its last session the Lvth Congress, in rider
TO the Sundry Civil bill. provided that the Com
mission should revise and codfy "the laws con-
cerning the Jurisdiction and practice of the courts
OF the United States including the Judiciary act.
the acts In amendment thereof and supplementary
thereto. and all acts providing for the removal.
appeal and transfer of causes" This provision
was inserted the motion of George F. Hoar.
chairman Of the Senate Committee on the judi
ciary 1t is a fact to which some significance may
be attached that the previous day Senator Hoar
introduced bill prepared by committee of the
American Bar Association. which. in brief trans
fers the district courts Of the United States the
original jurisdiction exercised by circuit
courts The effect Of the passage this bill would
be- the appellate jurisdiction OF the circuit
courts was abolished by the act constituting the
Circuit Court OF Appeals to exterminate the cir
cult courts. Jne JUDICIAL system OF the DnlteO
States would then consist of district courts having
original Jurisdiction, circuit OF appeal hav-
ing limited appellate jurisdiction. and the Supreme
Court The Commission is now engaged in the
work of revising the laws respecting the Federal
judiciary. No final determination has been reached
however to the changes, II any, which will be
embraced In the revision.
In theory the circuit courts consist of the Chief
gustice or Associate Justice assigned TO the cir
cult, the Circuit Judge and the District Judge. One
of the objects of the trainers of the Judiciary
Of f7se In providing that members of the Supreme
Court should preside over the circuit courts was
that they might take part In the trial of and
come into closer contact with the people Of the
country than they would If confined TO appellate
duties. 1t is reported that when 1t was once pro-
posed TO relieve them Of their abors at circuit an
eminent lawyer said that the purpose of the change
was ITO provide that those judges of the Supreme
Court who did not know any law should never
learn any" The fact is and has been for a good
many years. that the Supreme Court Justices rare
ly attend the sessions Of circuit courts
Since the establishment of the United States Cir
Quit Courts of Appeals 1891. judges
Tor the most part occupied in attendance upon the
Appellate Court 1t follows that most OF the Cir
cult Courts consist only ot the District Judge for
the district in which the court is held or of some
neighboring district. AS the Circuit and District
place the District Judge scends she benc s ahe the
crier calls first the Circuit Court and then the
courts proceed with one Judge two calendars two
5ures and two sets Of officers set drawing
double pay Tor attendance at both courts.
PASSAGE OF THE EvARTs BILL
II is not TO be denied that this is rather an in
congruous condition. and IL is not surprising that
efforts should have been made TO reform It. In the
List Congress- Mr.. Rogers. of Arkansas, introduced
q bill to the original jurisdiction OF the Circuit
Court in the District Court, and leave the
jurisdiction only. The bill ably discussed
In the House and passed that body by de-
cisiye vote. When IL reached the Senate William
NJ Evarts prepared a substitute which provided
FOR Circuit Court Of Appeals and relieved the
Circuit Courts Of all appellate jurisdiction without
affecting their original Jurisdiction 1t was presum-
ably due 10 the dominating influence of Senator
Evarts that this substitute passed the Senate 1t
was returned TO the House at late day OF the
sion and that body confronted with the di-
lemna OF acce ptng the Senates substitute or fail