Omaha daily bee., 1905-12-05
MOODY MAKES HIS REPORT
Attorney General Would Have Criminal
Laws Amended 10 Aid Government.
DIFFICULT TO STOP DISCRIMINATION
shippers Might Not Ask Rebates
II TheS would secure a Just
Rate without Long
Delay.

report Of Attorney General Moody was
made public today In part It is as fol-
lows
! DEPARTMENT OF JUSTICE. WASH
House of Representatives OF these United
States of America in Congress Assembled:
nave the honor TO submit the following
Of Justice during the fiscal year ended Jun"
@ 1903, as required by law:
In conformity with the common desire 20
reduce unnecessary printing have
omitted. as exhibits reports to the attor-
Included and have endeavored to report to
the congress only those matters which are
required By law, or arc Of such nature
that II seems desirable that the congress
should be informed Of them. This has rc-
suited In a reduction Of the volume of
the report by about 200 pages.
Appropriations.
/, , Although IN n number Of cases T. has
been found practicable to make reductions
the estimates of appropriations under the
Department of Justice as whole aggregate
sS.Sl3.573, and exceed the appropriations for
as7.ssii saf slrre"' n'ca' year to the amount OF
The prospective increase relates largely
to expenses of the United States courts.
congress having raised the compensation of
hailiffs and criers by the act of March 3,
under the appropriation miscellaneous ex-
! penses, United States courts by the act
revenues from the payment of court eS-
penses and establishing a fund known as
the Alaska fund" These two items alone
represent nearly one-half of the total in
crease
LcgisIntion Recommended.
The public interests urgently demand the
} apportionment Of another Judge for the
cludes within its territory the city of New
York Under existing conditions 1t is inn
possible to obtain sufficient time for the
with the priority which is and should be
gwen to the trial OF such cases where the
! there is little time available for the trial
Of bail cases-so little that at some terms
ef court it is impossible to try a single
bail case, The obvious results that the
I district attorney is under a species of moral
, compulsion to make the best disposition Of
the cases which he can obtain by the con-
: sent of the defendants counsel, and that
. many cases are so delayed that the wit
1 nesses scatter or die and justice is de-
r 1t Is the general practice of the courts
C to give precedence to criminal cases over
! vail in this district. For many years in
3 dictments have been returned in the circuit
+ court and the cases have been disposed
a OF under special provision of the Revised
Statutes Csecton 65s). which establishes six
+ terms annually of the circuit court for his
g district exclusively for the trial and dispo-
a stion of criminal cases BY section Sl3.
| Revised Statutes, these terms may be hell
BY, the circuit judge or by either of the
judge OF the eastern district Of New York.
In point OF fact those terms arc held in
- Val MbiHt by the Judge OF tho CoStcfr Il'S-
d trict Of New York, who by statute, re-
: ccives extra compensation for the perform
Il 'fhs work OF sns circuit court has pre-
y vented the circuit judge from presiding
q at these criminal terms, and the two judges
: OF this district regard the disposition az
: the civil business as preventing them from
k presiding at these terms. The business Of
e the eastern district, which has only one
Judge, has much increased and the Judge
of that district can no longer hold these
criminal terms for the southern district.
\ eXcept at a sacrifice of the interests of his
= own district, which he ought not to be
called upon to make
= therefore recommend the Immediate
enactment OF law providing for the ap-
pointlnent of an additional district judge
for the southern district OF Now York.
Amendment of Criminal Law.
# The great and growing embarrassment
~ in the administration Of the law which
= arises from the inability of the Tinted
Ie states to bring an offender duly charged
:. by indictment with an offense against the
United States to the place where alone the
N indictment against him be tried can
L. not be too often or too emphaticay pre-.
1, ! sented to the congress.
In my last annual report The attention
~ Of the congress was invited ; tilg subject
At but owing to the shortness Of She session
i no action was taken. In the Cevelal states
!. the usual, If not the inyariable, practice
- Is that the process Of the superior coui /.
re for me apprehension OF one accusod OF
within the state, even though the terri
d. torlal jurisdiction of the trial court bt
" limited
as There is no constitutional reason why
the criminal process of any of the courts
manner run throughout its territorial ex
Al tent. But the existing law does not author
" ize the process so TO run
The usual practice which is followed IL
- such cases is that when Indictment b!
grand jury Is returned a warrant issue:
fendant. II after search that officer /
unable 10 find the defendant within his dis
triet the warrant is returned to the cour
10 nV ant g..
u is not found" If the defendant is believe,
US TO be In another district. the United state
ul attoRney of that district is informed an,
st makes the fact known, TO the proper ON
% cial usually United States commissioner
Mt under. section l0li, whereupon warran
es for his arrest is issued. After the pres
- ence of the accused is secured IL ther
~ ~ is a finding adverse TO him by the com
RS missioner opportunity for bail is given
es and IL that is not furnished an order TO
the removal OF the prisoner Is sought from
the district Judge II has always bee
m authorization of the Indictment aud tn
y proof Of the identity of the defendant ar
conclusive grounds for removal. This con
Os tention has. however, not been supporte
by the decisions OF the courts, notably o
the districts within the state OF New YORK
Ip accordance with the principles enun
ciated. the defendant Is entitled TO a hear
ing and trial before the commissioner an
e. an appeal from his decision, upon all th
h evidence, to the district judge TO whom ar
''e plication is made for removal This give
nd a further opportunity for an Indirect afepes
10 a wri; OF habeas corpus, which results
nc delay, even though the appeal be unava
ne ing. s.
In the Beavers case thesdecisions Of IN
federal courts for the districts of Ne,
York were modified to the extent at lea
Of holding that an indictment is itsei
ize together with proof of identity, prima faci
ed evidence Of the existence Of probable ca us
IN, for removal The court In that case LEI
4 open the further question whether the IN
70 dictment, with proof OF Identity. Is cor
s elusive evidence of the existence of prof
able cause. But whatever rules OF la
- may be held 10 be applicable, as long !
Is the arrest and proceedings for removal I
the district in which the trial must be ha
na are regarded as original aud independer
proceedings, delays may. occur, multiple
by vexatious and unfounded appeals.
only one way can these abuses be III
rooted. and that Is by providing that hi
writ OF the United States shar Vun every
=, where within its borders, thus hringin
IA speedily and effectively the accused 10 N
"a district in which he IS indicted and mu,
ia. he tried
,re Review in Criminal Cases.
he The attorney general in his annual reno
!, for the year 1889. and again In his anru,
oi report for the year 1870. and again In ia
,rn made certain recommends tions 10 conRTe,
Iey IN relation to the necessity OF providinl
~ by suitable legislation, for an appeal 4
-" / the part of the government In cases OF n
OF ! cisions adverse to the United States by N
he courts upon demnrFers interposed 20 Il
80 1 dictments. Up to the present time vii
l.t... lion, ~ ..g.