Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-12-05
MORE POWER NEEDED
ATTORNEY GENERAL MOODY SUB
MITs HIS ANNUAL REPORT.
Delay in the Beavers Prosecution Cited
Recommendations as to
Alaska.

Attorney General Moody in submitting his
| annual report today says that much en-
| barrassment in the administration of the
| law has arisen from the inability of the
| United States to bring offender to the
place and court where by the Constitution
| and laws the accusation against him must
| be tried. 1t frequently happens that per-
| sons indicted not found within the linn
| its of the district where the offenses al
| legged are triable. The usual practice is
| that when an indictment has been returned
by grand jury warrant issues to the
marshal for the arrest of the defendant.
| If, after search, that Office is unable to find
| the defendant within his district the war;
rant is returned to the court with the in
dorsement that the defendant Is mot
| found" If the defendant is believed to be
| in another district the warrant is sent to
| the United States attorney of that district,
| whereupon another warrant must be issued.
| He must then be taken before a commits
sioner, with the result that the United
States must practically prove its case there
| before the defendant may be returned to his
original district 1t has been the conten-
| ton of the Department of Justice that the
| Authorization of the indictment and the
proof of the identity conclusive ground
| for removal. The courts, however, have
not supported this contention, and many
| criminals have escaped punishment.
Recommends New Law.
The attorney general says:
II respectfully recommend the enactment
| of law that will provide in substance 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
warrant for the arrest of the defendants
wherever they may be found within the ter
ritorial limits of the United States; and
that it shall be the duty of all persons au-
thoriZed to serve process to arrest the per-
son or persons indicted, and, If they fail
after reasonable opportunity to furnish bail
| for their appearance, to bring them to the
court In which the indictment has been
| found"
Mr.. Moody refers to a similar recommend
aation of former Attorney General Griggs,
who, in letter to Senator Hoar discussed
the case of Captain Carter.
Delay in the Beavers Case.
In the Beavers case, the Attorney General
says, the decisions Of the federal courts
were slightly modified. In that case the
courts held that an indictment is itself, to-
gether with proof of identity, prima facie
evidence of the existence of probable cause
for removal. Mr.. Moody holds that the
writ Of the United States should run every
! where within its borders, just as county
state. July %, 1903, a grand jury of the
circuit court of the United States for the
eastern district of New York indicted George
w. Beavers for connection with the postal
! frauds in the Post Office Department.
Beavers lived in Brooklyn, within the dis
trict of the court. When search was made
for him he could not be found. He had
stepped across Brooklyn bridge to New
York, where he quietly reposed in the south
ern district an altogether different district.
Then the government began to put in mo-
ton the cumbersome machinery, so full of
delay, to secure Beavers. He was taken be-
fore a United States commissioner in New
York city. Probable cause of his guilt was
found and the district judge ordered him re-
| moved to the eastern district. Before the
order could be executed Beavers presented
a writ of habeaS corpus to the circuit court
for the southern district. The writ was de-
MED, but an appeal was taken to the United
court was sustained. By crossing over the
Brooklyn bridge Beavers made the United
States government wait nine months for
him. While the proceedings were pending
1t was sought to remove Beavers to the
District of Columbia to answer an indict-
! ment against him here The district judge
for the eastern district held that this could
not be done. After his removal to the east
ern district an effort was made to put him
under bond for his appearance in the Dis
trict of Columbia. The case is still pending
in the United States Supreme Court. 1t
will take an adverse decision of that court
to bring Beavers here. When Beavers can
be obtained for trial no one can predict
The Attorney General says that he has thus
secured immunity from trial by the intri-
cacies of practice, delays Of courts etc. all
due to the lack of clear law permitting a
warrant of the United States to be served
anywhere.
The case of Greene and Gaynor now So
journing in Canada, awaiting trial for COM
plicity In the case of Captain Carter Is
mentioned. They went through the usual
appeals to all the courts, and finally skipped
out for Canada.
Recommendations as to Alaska.
Mr.. Moody makes some recommendations
bearing on the administration of justice in
Alaska, based on the personal observations
OF Mr.. Day, assistant attorney general, who
recently visited the territory. His first
recommendation is that many of the duties
and functions now devolved upon the dis
trict judges in Alaska be turned over to the
governor, and his second recommendation is
that the United States commissioners in
Alaska be appointed by the governor of the
territory, instead Of the courts and that
their jurisdiction be enlarged. The third is
that the fee system, which is so prevalent
in the territory, be abolished altogether.
and that the United States commissioners
and other officers be paid salaries The
fourth relates to appeals from federal
courts, and another is that the salaries of
district judges and attorneys be increased
Mr.. Moody says that the cost of living in
the territory is much greater than in the
United States, and that the officers for this
reason alone, should be better paid. His
fifth and most interesting recommendation
is that Congress should provide for the es-
Establishment of a mounted constabulary in
Alaska, similar to the mounted police of
Canada, just across the Alaskan boundary