Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-12-05
Recommends Enactment Of Law
For Arrest of Defendants With.
in Limits of United States
IT IS ABSOLUTELY ESSENTIAL.
Possibility of Delays Under Present
System Renders Power Of The
Government Ridiculous

Washington, Dec. j,--Atty Gen VIII.
Moody 10 his annual report to Congress
recommends the enactment Of 70 law
which win provide IN substance that
where an Indictment ~ duly returned
to court Of the United States, the
Judge " that court may. In his dlscro-
llon, Issue a bench warrant for the
arrest NJ the defendants wherever they
may be found within the territorial
limits Of the United States, and that
II shall be the duty OF an persons au-
thOriacd 10 serve such process TO ar
rest the person or persons indicted, aud
u they fail after reasonable opportunity
10 furnish bail for their appearance 20
bring them 10 the court IN which the
Indictment has been found The attor-
ney-Beneral explains that much em-
barrasslment I'm the administration Of
law has arisen from the inability Of the
United states 20 bring an offender 10
ne place and the court where by the
Constitution and laws accusation
against him must be tried. BY the
Constitution the trial Of all claims must
De held IN the state and district
wherein they shall have been commit
ted II frequently happens that per-
sons accused are not found With
10 the limits Of the district
where the 0ffenses alleged against
them are trablC The frequency OF
such absence increases with the CRAWL
W OF the accusation and where Ii con-
sists M a conspiracy almost Invariably
one or more OF the alleged offenders
are without the jurisdiction Of the dis.
irict That az some time injustice
might result TO individuals, says the
attorney. cannot be denied The oo-
casional abuse of power IS inseparable
from It's existence That innocent
men now ana then are indicted for
crime must be confessed but the in
diclment OF grand jury guided as
such a body usually is by the instruc-
tons Of the judge and the counsel OF
the district attorney affords assurances
that such instances Of oppression win
be rare indeed. on the other hand
the possibility Of delays and defeats OF
justice which the present system af-
forda renders the power OF the United
States ridiculous and brings contempt
upon the administration Of the law. In
support OF his views, Mr.. Moody cites
number OF cases under the present
laws In which justice has been defeat
ed or greatly delayed and large expense
unnecessarily incurred by the govern
ment Among these cases Is that OF
the CO-defend0nts with Capt Oberlln
NJ Carter In the Savannah harbOr Inn
pruyement frauds. Mr. Moody outlines
the proceedings and says that only after
q delay Of % months did the United
States reach the point where, under
the law, II was permitted to take men
charged with a grave crime 10 the
place provided by the Constitution for
their trial Then the two defendants !
whose presence was most desired, lied
the country and although persistent
and continued effort for their recovery |
has been made, they are still at large
Until they shall be apprehended, II mas
been deemed undesirable 10 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 postoi'ice |
frauds. In relation TO this case the at |
torney general says:
when Beavers can be obtained for |
trial, no one can predict With certainty |
How much further immunity from trial |
the ntrIcacies OF practise, the delays |
OF the courts and the ingenuity OF |
counsel may serve to procure for HIM |
no one can foretell It can only be hop |
ed that at some time before the Wit |
nesses are dead and forgotten the cir
Gums ances the power Of the United |
states may be proved to be sufficient to
bring the accused the 22S miles ap- |
pointed by the Constitution for bis
trial
Another case Is Hyde, Benson, Dlmon |
and Schneider, Indicted IN February |
last In the District Of Columbia FOR de-.
fraudlng the government Of large tracts
OF public lands. Only one Of these de-
PENDANTS has thus far been placed un-
der baf for trial and yet the case the
report says, has cost the government
$40. 900.
The attorney general renews the rec
concentrations Of his predecessor for
new department OF justice guiding for
amendments 10 the naturalization laws
and Tor laws adequate for the protec-
ton OF government officers, agents and
employees while engaged in their official
duties.