The San Francisco call., 1904-12-06
TO EXTEND
STRONG ARM
OF THE LAW
Moody Would Break
Bars Between
States.

WASHINGTON, Dec. 5.-Attorney
General w. H. Moody, in his annual
report to Congress, recommends the
enactment of a law which will provide
that where an indictment is duly re-
turned to a court of the United States
the Judge of that court may, in his
discretion, issue a bench warrant for
the arrest of the defendants wherever
they may be found within the terrific
rial limits Of the United States, and
that IT shall be the duty Of all nersons
authorized to serve such process to
arrest the person or persons indicted,
and if they fail after reasonable oppor-
tunity to furnish bail for their appear
ance, to bring them to the court in
which the indictment has been found.
The Attorney General explains that
much embarrassment in the admins
tratiOn of law has arisen from the in
ability of the United States to bring
an offender to the place and the court
where he must be tried. BY the con-
stitution the trial of all cases must be
held in the State and district where
in the offenses shall have been commit
ted"
WOULD PUT END TO DELAYS.
II frequently happens that persons
accused are not found within the linn
its of the district where the offenses
alleged against them are triable. The
frequency of such cases increases with
the gravity of the accusation and
where il consists of a conspiracy al
most invariably one or more Of the al
legged offenders are without the juris-
diction Of the district.
That at some time injustice might
result to individuals, says the Attor-
ney General, cannot be denied. The
occasional abuse of power is inSepara-
bic from its existence. That innocent
men now and then are indicted for
crime must be confessed, but the in
dictment Of a Grand Jury, guided, as
such body usually is, by the instruc-
tiOns of the Judge and the counsel of
the District Attorney, affords assur-
ances that such instances of oppression
will be rare indeed. On the other hand
the possibility of delays and defeats of
justice which the present system af-
fords renders the power of the United
States ridiculous and brings contempt
upon the administration of the law.
BIG CASES INSTANCED.
In support of his views Moody cited
a numberrof cases in which justice has
been defeated or greatly delayed and
large expense unnecessarily incurred
by the Government. Among these
cases is that of the co-defendants with
Captain Oberlin NJ Carter in the Sa-
vannah Harbor Improvement frauds
Moody outlines the proceedings and
says that only after delay of twen-
ty-six months did the United States
reach the point where, under the law
it was permitted to take men charged
with a grave crime to the place pro-
vided by the constitution for their trial.
Then the two defendants whose pres
ence was most desired fed the coun-
try and. although persistent and con-
tinued effort for their recovery has
been made, they are still at large. I'm
til they shall be apprehended it has
been deemed undesirable to proceed
with the trial of the other defendants
upon the indictment.
Another case, he says, is that of
George w. Beavers. under indictment
in connection with the postofice
frauds. In relation to the case the At
torney General says:
FTASCO OF BEAVERS.
When Beavers can be obtained for
trial no one can predict with certainty.
How much further immunity from trial
/ the intricacies of practice the delays
/ of the courts and the ingenuity of
/ counsel may serve to procure for him
no one can foretell 1t can only be
/ hoped that at some time before the
! witnesses are dead or have forgotten
| the circumstances, the power Of the
| United States may be proved to be
! sufficient to bring the accused 22S miles
/ to the place appointed by the constitu-
/ tiOn for his trial.
Another case is that of Hyde, Ben
/ son, Dimond and Schneider, indicted in
! February last in the District of Colum
! bia for defrauding the Government of
large tracts Of public lands Only one
OF these defendants thus far has been
! placed under bail for trial, and yet the
case, the report says, has cost the Gov
] ernment $40, ,000