New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-02
JUDGE RAY CRITICISED.
Solicitor General Hoyt on LaS0'S De-
lag in Green Case.
TTRoM THE TRIBUNE BUREAU

TFRoM THE TRIBUNE BUREAU
Washington, May IAN extraordinary tale
of the laws delay is related IN the brief which
Solicitor General Hoyt to-day submitted to the
United States Supreme Court. and severe crlu-
oism of District Judge George W. Ray, al
though clothed in legal phraseology. pervades
The brief The Solicitor General presents mo-
ton TO dismiss the appeal of counsel for eX-State
Senator George E. Green, who has appealed from
the decision Of the United States Court Tor the
Northern District Of New-York and prays the
court 70 affirm the Judgments or DEGREES hold
ing Green to appear IN the District OF Columbia
from which the appeal is taken.
In his brief Solicitor General Hoyt argues that
1T is manifest that said appeals were taken for
delay only" accuses Judge Ray Of delaying the
course of Justice without good reason and urges
the court to remind the inferior federal copyts
OF the great necessity for a speedy hearing and
Determination of cases OF this character
With regard to the character of the appeals
the Solicitor General says that the reasons as
signed for taking said appeals and the ques-
ton on which the jurisdiction Of this ce~rt de-
pends are so frivolous not TO need fdrcner
comment"
Referring 10 Judge Ray, the Solicitor General
relates that the Department Of Justice "ieened
Il necessary and caused to be served upon the
district Judge for the Northern District of New
York before whom these cases were pending, a
petition In writing requesting early decision
Of these cases"
Reviewing the occurrences which preceded
the appeal, the brief relates that on or before
October Is, 1903. five indictments alleging
bribery or conspiracy were returned against
George Z. Green: that on November 3 OF that
year Green was arrested: that on December IL
he was held on each chargs by United States
Commissioner Charles S. Hall, and required TO
OF in
for his appearance before the Supreme Court OF
the District Of Columbia; ana thar on the same
day application was made TO Judge Ray for an
order directing the removal Of Green 10 the Dis
tFict Of Columbia Counsel for Green protested
against the issue Of this order. and Judge Ray
permitted fifteen months TO elapse before rem
dering q decision which he did on March 13,
1905, after the fling Of the petition above re-
ferred TO- Il would also appear that the De-
partment OF Justice has seriously considered
the necessity Of applying to the Supreme Court
for q writ Of nandamus for the purpose OF
compelling Judge Ray TO render decision
Attention is also called to the fact that the
question which Judge Ray called on 10 de-
eide was decided IN principle by the supreme
Court in the case OF Beavers against Henkel,
which decision was rendered on April II, 1908.
The brief says that between the S0th day OF
June and the 18th day Of July 1904 the cases
were all argued and submitted 10 Judge Ray LOT
his decision, and after holding the cases under
consideration for more than eight months a de-
cision was rendered on the 18th day Of March"
Critcisng the delay IN Judge Rays court the
brief continues;
These cases were thereupon held before that
court for a period Of nearly fifteen months be-
fore decisions were rendered. If the federal
courts are TO countenance and encourage sucn
unreasonable and unnecessary delays in cases
IN which the executive arm Of the law Is seek
ing TO bring persons charged with offences
against the laws o. the United States TO speedy
trial IL is manifest that the government Is
practically powerless to prevent them.
After the submission Of these cases TO the court
IN the early part Of July, l9U4, there was ap-
parently nothing to prevent the court from rem
dering its decision within a reasonable time.
All the questions of law which properly
involved in the cases had been disposed Of by
the decision of this (the United States Supreme)
court in Beavers agt. Henkel, as is evidenced by
the opinion Of the District Court in these cases.
The eight months delay which followed has
quite seriously hampered and interfered with
the government in these prosecutions.
Solicitor General Hoyt prays for prompt con-
sderation Of this case by the Supreme Court in
these words:
present term, more than two years will have
elapsed IN an effort TO secure the appearance
Of this defendant Green before the Supreme
Court Of the District OF Columbia for trial.
The Supreme Court adjourned to-day for a
week, but 1t is hoped by the officials of the De-
partment Of Justice tina. a decision in this case
viii be secured before fina! adjournment for tho
GUNNER recess. and, as indicated by the refer
ence TO the Supreme Court decision in the case
of BeaverE agt. Henkei. the utmost CONF
dence in decision favorable TO the contentious
OF the government IS felt by the officials.