The Montgomery advertiser., 1904-12-06
MOODY MAKES REPORT
RECOMMENDS MORE POWER FOR
 FEDERAL COURTS.
Attorney General Favors the Grnntinr to Judges the Right to Issue
 Bench Warrants for Per- sons Outside of Districts,

washington, Dec. 5.-Attorney Gen
 eral W. H. Moody in his annual repor
 to Congress recommends the enactmen
 of law which will provide in sub
 stance that where an indictment |
 duly retu-nable to a court of the Uni
 ted States the Judge of that Court ma,
 in his discretion, issue a bench warran
 for the arrest of the defendants wher
 ever they may be found within the ter
 ritorial limits of the United States, aut
 that 1t shall be the duty of all persons
 authorized to serve such process to ar. | rest the person or persons indicted and | If they fail after reasonable opportuni-
 ty to furnish ball for their appearance
 to bring them to the court in which
 the indictment has been found.
 Tho Attorney General explains that
 much embarrassment in the adminis- l tration of the law has arisen from the
 inability of the United States to brins
 an, offender to the place and the court
 where by the constitution and laws the accusation against him must be tried
 By the constitution the trial of all crimes must be held in the State and l district wherein they shall have been committed" It frequently happens that persons accused are not found within the limits of the districts where the offenses alleged against them are tryable. The Frequency of such ab- sence increases with the gravity of the accusation and where 1t consists in a conspiracy almost invariably one or more of the alleged offenders are with out the Jurisdiction 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- ble from Its existence. That innocer t men now and then are indicted for crime must be confessed. but the indict- ment of a grand jury guided as such body usually is. by the instruction of the judge and the counsel of the Dis :. trfct Attorney, affords assurance that such instances of oppression will be rare indeed. On the other hand, the possibility of delays and defeats Of jus tice which the present system affords renders the power of the United States ridiculous and brings contempt upon the administration of the law.
 In support of. his views, MT. Moody cites a number of cases under the pres. ent law under 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 M. Carter in the Savannah har- bor improvement frauds. MT. Moody outlines the proceedings and says that only after delay of twenty-six months dld the United States reach the point where, under the law. 1t was permitted to take men charged with a grave crime to the place provided by the constitu- tion for their trial. Then the two de- fendants whose presence was most de :. sired. fled the country. and although persistent and continued efforts for kair hn~ han naAA hAxy arr Q still at large. Until they shall be ap- prehended, 1t has been deemed unde- sira ble 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 Postoffice De- partment fraud. In relation to this case the Attorney General says:
 When Beavers can be obtained for trial, no one can predict with certain lty. How much further immunity from l trial the intricacies Of practice. the de- | lays of the courts and the ingenuity of counsel may serve to procure for him no one can foretell. It can only be hoped that at some time before the wit nesses are dead or have forgotten the circumstances, the power of the United States may have proved to he sufficient to bring the accused 22S miles to the place appointed by the Constitution for his trial"
 1 Another case Is that of Hyde. Ben son. Diamond 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. says the report, has cost the Gov ernment $20,000
 The Attorney General renews the
 recommendations of his predecessor
 for a new department of justice build ing: for amendments to the naturaliz-
 ation laws and for laws adequate foI
 the protection of government officers
 agents and employees while engaged ir l their official duties.