Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-05

of anything forbidden or declared unlawful
in that act to sue and recover threefod
damages. with costs and compensation for
his counsel. such action has ever been
brought by any one whose application to
have the United States sue has been re-
fused.
Whatever may be the evils arising from
corporate or other aggregatlons of capital
or from the comprehension under one man
agement of various industrial manufac
turing establishments that would otherwise
be engaged in competition: whatever may be
the disadvantage of having one carry on
several branches of business which NIGH
be carried on by separate persons, all these
things are done by virtue of the appropri-
ate ard constitutional authority of the sew
eral states under state law, and except
where they invade the territory of con-
gressional jurisdiction by interfering with
Interstate OF international commerce in a
direct manner they are subject and sub
ordinate to the restraint and control of the
individual states where they are carried on
insnlnr Questions Referred To.
In the administration of the government
and affairs of the Hawaiian Islands. Porto
Rico AMI the Philippines American terri
tory. and of Cuba as territory subject to
our control pending the establishment of a
stable government by the people of that
island. numerous questions of difficulty and
embarrassment have arisen from time to
time on which the advice and opinion of the
Attorney General have been asked by the
President and the heads of executive de-
partments. These questions involved, among
other things. the determination by me of
the right to collect tonnage tax on vessels
coming from ports in the various islands:
the status of Chinese in the Sandwich Isl
ands: the rights and status of telegraph and
other companies claiming franchises and
right to subsidies under Spanish grants and
concessions: the power to grant franchises
ana TO dispose of the public property and
the public domain in the islands: the poWer
of municipalities over improvements and
public works.
Pacific Railroad Matters
The Attorney General reviews the history
OF Pacific railroad legislation during the
past year, concluding as follows:
so that 1t appears that out of an indebt-
edness of about S130, 900 600 more than one
half of which consists of accrued interest,
the government has realized in cash or it's
equivalent the sum of S124, 421 go % within
period of less than two years
Taking into account the enormous ma
terial benefits that have accrued to the
country from the construction of these
tranScontinenta lines of communicate
and the advantage which the government
has had by way of reduced rates of trans
portaton and service over them, the par
tfcipa ton of the government in the con-
struction and maintenance of these enter
prises has been fully justified and the faith
of the original promoters and projectors of
these great lines mas been proven to have
had a substantial basis.
Plea for Higher Judicial Salaries.
Facts have come under my observation in
the course of the administration of this
department which justify my calling the
attention of Congress to the salaries paid
by the United States TO its judicial officers.
The compensation of the chief justice and
the associate justices of the Supreme Court
was fixed more than quarter of a century
ago and has not since been increased
The earning capacity of the legal pro-
feSsion. in common with other businesses
and professions, has increased greatly dur
ing that period.
1t is not an uncommon thing to find a
lawyer appearing before the court in case
whore his fee for one argument exceeds the
annual salary of the judge.
The judges of the circuit and district
courts are also inadequalely compensated.
The same is true of those of the Court of
Claims.
The courts of the United States are every
where in the civilized world held in the
very highest repute: yet their judges are
paid smaller salaries than are allowed by
the states to state judges in very many
Jurisdictions. l believe that an increase of
the salary of the chief justice and
ciate justices of the Supreme Court to
$2o,Uo0 year, of the circuit court judges
to $4,000 and the district judges to $500
a year would be a simple measure of JUS
tice and approved by every fair minded
citizen.
Reform in Certain Criminal Proceed
The attention of Congress has heretofore
been called by Attorneys General to the
importance of providing by legislation for
an appeal on behalf of the United States
from a Judgment of the trial court in favor
of the defendant upon demurrer to an in
dictment in a criminal proceeding under
United States laws The Importance of
this modification of existing law is strongly
illustrated by two instances which have
been before this department during the
past Year. In one an indictment was found
against persons charged with an offense
under the statutes relating to pure food
and the bureau of animal industry. There
upon the defendants filed demurrer and
after the hearing upon admitted facts the
court held that the facts constituted no
offense or crime under the laws, and there
upon the defendants were discharged with
the same effect as if there had been q
verdict of acquittal by jury after trial.
Again, Chtnaman charged with the
offense Of falsely and fraudulently engrav-
ing and forging one of the blank forms of
certificates used under the Chinese eX-
clusion laws took demurrer, admitting
the facts alleged by the bill of Indictment
and contending that such forged and
false instrument was not writing with
in the meaning of section 541S of the Re-
yised Statutes furnishing certain specified
forms OF forgery as an otfenSe against the
United States: and thereupon the court
found for the defendant and discharged
him.
Inasmuch such questions are purely
questions Of law and raise no issue of fact
/ earnestly urge that Congress should pro
vide by suitable legislation at an early day
for an appeal by the United States In case
of adverse decision by the court upon de-
PENDANTS demurrer to the Indictment
Under such circumstances the United
States is clearly entitled TO review by an
appellate court.
Criminal Code Commfssion
The annual report of the commission to
revise and codify the criminal and penal
laws of the United States presents a state
ment of the work already performed and
revision of the statutes relating to the Or
ganization and Jurisdiction of federal
courts.
The changes embodied in the revision are
In brief a. that the original Jurisdiction
now exercised by the circuit courts shall be
devolved upon the district courts; C2) that
the appellate jurisdiction conferred upon
the circuit courts of appeals shall be vested
In the circuit courts under that designation;
49, that an additional circuit judge shall be
appointed each for the first and fourth cir
cults. they being the only circuits having