The times., 1899-12-06

The Attorney General has sent his annual
report to Congress. Referring TO the worl
of the Supreme Court the report says:
'The number OF cases actually considered
by the court was 46S, of which 255 were
argued orally and 213 submitted on printed
arguments. OF the 529 appellate cases dis
posed of, 294 were affirmed, sixty-one re-
versed, siXty-fve dismissed, thirty-nine
settled by the parties and dismissed, in
eight questions certified were answered. and
siXty-two were denials of petitions for
writs of certiorari under the act of March
3, 1891
The total number of cases on the ap-
pellate docket in which the United States
was a party, or had substantial interest
disposed of at the October term 1898, was
seventy-seven. The United States was ap-
pellant, etc, in thirty-rour of these cases,
and appellee, etc, in forty three, ard eight
cases were certiicauons of questions by
the Circuit Court of Appeals
"Of the 35 cases appealed etc, by the
Government, four were decided IN its ia
Yor and fifteen adversely; twelve cases were
dismissed by 1t, one was dismissed per
stipulation, and two were dismissed by the
court. In addition, in six eases In which
questions were certified, three were an
swered in favor of the Government and
three adversely.
''Of the forty-three cases In which the
Government was appellee, etc, twenty one
were determined in Its favor and nine ad-
yersely; one was dismissed by the appel
liant, four was dismissed by the court for
failure OF the appellant etc, TO comply
with the rules; three were docketed and
dismissed; three were dismissed per stip-
ulation, and two were dismissed by the
court.
'Of the above - cases, % were appeals
from the Court Of Claims, of which 19 were
taken by the Government or the 10 cases
so appealed, l was decided in favor of the
Government and { adversely, 10 were dis
missed by it, and was partly in favor of
and partly against the United States, while
of the 10 cases in which 1t was appellee
were decided in its favor, ? adversely, and
! was docketed and dismissed.
''Of the Il cases disposed of, 13 were
criminal, of which 4 were decided in favor
of the United States and adversely, / was
dismissed by the court for failure of the
plaintiff in error TO comply with the rules,
and > were dismissed by the court.
Five of these 13 criminal cases were
capital, of which We're decided in favor Of
the United States and adversely.
Eight cases were appeals, etc, from the
Circuit Court of Appeals, of which were
decided in favor of and l against the United
States, 4 were dismissed per stipulation,
and ! was dismissed by the court.
Seven cases were from the Court Of Pri-
yate Land Claims, 1 Of which rs appealed
by the Government and by the other side.
The ] case appealed by the Government
was decided in its favor, while of the s
cases in which the United States was ap-
pellee We're dismissed for non compliance
with the rules, ] was dismissed by the ap-
pellant and were docketed and dismissed
In / case in which the United States
was petitioner and in cases in which the
United States was respondent, in applica-
tions for writs Of certiorari, under the act
Of March g. 1891, he petitions were denied
'Of the whole number of cases in which
the Government had a substantial interest
heard and decided by the court, 30 We're de-
cided in favor Of and 26 against the United
States"
Considerable space is devoted to review
ing the prosecution Of cases against trusts
under the Sherman act of July 2, 1890. 1t
states that the law failed 10 reach the cases
OF the Philadelphia sugar refneries and the
Kansas City Live Stock Exchange because
it was shown that the transactions did not
affect interstate commerce. 1t says:
Whatever may be the evils arising from
corporate or other aggregations OF capital
or from the comprehension under one man
agement of various Industrial or manufac-
turing establishments that would other
wise be engaged in competition; whatever
may be the disadvantage of having one
carry on several branches of business
which might be carried on by separate
persons. all these things are done by virtue
OF the appropriate and constitutional au-
thOrity of the several States under State
law, and except where they invade the ter
ritory OF Congressional jurisdiction by in
terfering with interstate or international
commerce in q direct manner, they are
subject and subordinate TO the restraint
and control of the individual states where
they are carried on
Of the Pacific Railroad legislation the
report says that out of the $3.50 600, 600 in
debtedness, the Government has realized
$l24 421 .670.9J within less than two years.
II recommends that the salaries of the
Supreme Court Justices be increased to
500, 600 a year, the circuit judges to $40, 0G0,
and the District judges TO $500 OF the
work Of changing the criminal code the fol-
lowing suggestions are made:
CD That the original jurisdiction now
exercised BY the circuit courts shall be
deyolvcd upon the district courts; ~ that
the appellate jurisdiction conferred upon
the circuit courts Of appeals shall be vest
ed in the circuit courts under that designa-
tion: CD that an additional circuit judge
shall be appointed each for the first and
fourth circuits they being the only cir
cults having less than three; ~ that the
circuit courts shall consist Of three circuit
judges. or two circuit judges and the JUS
tice Of the Supreme Court assigned to the
circuit, and CJl that the district judges
shall be relieved of duties as members Of
the intermediate courts Of appeals
On the smuggling Of Chinese into this
country the report says the Government
has been put to great expense and trouble
i'm fighting these cases, and TO perfect the
laws bearing on the question the report
says:
In order TO carry these statistics into
fuller effect upon points which require
amendments to the law, l am informed that
the Treasury Department. TO which is com
mitted the administrative enforcement OF
the Chinese exclusion laws Will bring be-
fore Congress for action a bill providing
for an appeal by the United States from
the decision of a justice, judge, or commits
sioner discharging a Chinaman or other
alien brought before those judicial officers
upon the charge that such allen person IS
in the United States contrary to law, and
providing that in any case where an alien
is excluded from admission into the United
States under the law the decision of the
appropriate immigration or customs officer,
.,3,...po ty IN. a3y,iesfaD rf Such alipU