Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-06
NEEDS ATTENTION.
Attorney Gen. Moody Wants Congress
to Tinker Our Laws.

Washington, Dec. 5.-Attorney Cen
W. H. Moody in his annual report to
Congress recommends the enactment
of law which will provide in sub
stances that where an indictment is
duly returned to a court of the United
States the Judge of that court may, in
his discretion issue bench warran.
for the arrest of the defendants Wher
ever they may be found within the ter
ritorial limits of the United States: AMI
that it shall be the 1uty of all persons.
to serve such prosecutions to arrest the
person or persons indicted and if they
fail after reasonable opportunity to
recognize bail for their appearance
bringing them to the court in which tn ;
Indictment has been found
The attorney general explains that
.lch embarrassment in the admins
'-ttIon Of laws has arisen owing to the
ability Of the United States To bring
an offender to the place and court
where. by the constitution and the law
the accusation against him may b..
tried. BY the constitution all trials
must be held in the state and diStrirt
where crimes have been committed" It
frequently happens that persons accus-
ell are not found within the limits of
the district where the offences all, gid
against them are trahl.'. The f,.urIrn-
cy Of such absence increases with the
gravity Of the accusi: ion. and where il
consists in a conspiracy almost invari-
ably one or more of the alleged often
ders are without the jurisdiction Of the
district. That at some time injustice
might arise to individuals, says the at
torney general. cannot be denied. The
occasional abuse of power is INSOFAR
able from its existence. On the other
hand the possibility OF delay and de-
feat of justice which the present sys
tenn affords renders the power of tn,
United States ridiculous and bring.
contempt upon the administration D
the law.
In support Of his views Mr.. Moody cite,
a number of cases under the pr. sent law
in which justice has been defeated 81
greatly delayed and large expense un
necessarily incurred 10y the government
Among thcS" cases is that of the code
PENDANTS with Capt OhcIlin Carter in TN,
Savannah Improvement frauds. Mr.
Moody outlines the proceedings and say!
that only after a delay of - months cnul,
the United States take men charged Will
grave crime to the place provided II,
the constitution for their trial Then tn,
two defendants whose presence was mos
desired fed the country. and althougl
continued effort for their recovery Ia,
been made. are still at large. Until the,
shall he apprehended 1t has been dcerne,
undesirable to proceed with the trial o
the other defendants upon the indictment
Another case. he says. Is that Of Gee
W. Beavers under indictment in ConncC
ton with the post office department
frauds. In relation to this case the at
tcrney general says:
when Beavers can he obtained for tria
no one can predict with certainty hoy
much immunity from trial the intriCacic
Of Practice. the DELAYS of the courts tn
ingenuity Of counsel may serve to prc
cure for him. no one can fOretcll 1t ca
only he hoped that ut some time hcfor
tho witnesses are forgotten the circun
stances lost track of. the power of tn
United States may be proved to he su.f
cient to bring the accused IN miles
the place appointed by the constitution
for his trial.
nary last in the District Of Columbia. f.
defraudng the government Of tracts c
public land. Only one Of the defendant
this far has been placed under hill fC
trial and We. the case has cost the GOV
eminent SS00N"
Tho attorney general renews the recon
merdaticns of his predecessor for ne'
department of justice building. 20
amendments to the natura lization law
and for laws adequate for the protectio
Of government officers agents and en-
pIoyeS while engaged in their Official rc
sitions.