Omaha daily bee., 1906-12-09
ATTORNEY GENERAL REPORTS.
Mr.. Moody Tells of Work of His ot1oe
During Year.
DESIRES PAROLE SYSTEM ESTABLISHED
Again Recommends Congress Give
United States Right to Appeal
Decisions on Law Points
in Criminal Cases.
DESIRES PAROLE SYSTEM ESTABLISHED

WASHINGTON, Dec. SIN his annual
report Attorney General Moody says:
/ renew the recommendation made in my
last annual report for the enactment OF
law giving to the United States the right
OF appeal upon questions OF law in criminal
cases with the prOviso that a verdict of
aCqulttl upon the merits shall not be set
aside. The congress has passed such a
law for the District of Columbia and il is
the law Of many of the states. Within
the year there have been several instances
enactment of such law. The indictment
against the beef packers. returned by the
grand jury after many months of d2ibera-
ton as the result Of Investigations which
had been made throughout the country by
the Department OF Justice, was rendered
practically useless by the ruling of tho
case. the correctness OF which the depar-
ment would have been very glad TO have
placed under the review of the appellate
court.
The act approved June l. 1898, which pro
vided for the amicable settlement Of con-
troVersies between carriers and their EN-
ployes, IN the tenth section, made IL a
penal ofense for carrier to discriminate
against any Of its employees on account OF
his membership in a labor organization or
70 attempt 70 prevent him from obtaining
employment after his discharge.
demurrer TO an Indictment under this
section has been sustained recently by a
district Judge on the ground that the sec
ton. Is unconstitutional Even United
States commissioner has made the same de-
has received the assent Of the senate the
house Of representatives, and tho president
can be nullihed by the opinion of a sinsl
man, not subject 10 review by the court OF
appeals and the supreme court.
The report takes up the matter OF pro-
ceedings under the antitrust law; gives
report Of cases pending, as well as those
settled
Antitrust Litigation.
Speaking Of the proceedings under this
law and under the Ekins amendment, tbs
attorney general says:
During The nearly twenty years whics
have elapsed since the passage OF this &C
ment 10 enforce It's penalties, bat eithe
through the insuthCienCy Of the law or To-
other reasons they have not been COnsptc
uously successful A careful examnatiol
discloseu that there were In those year
seventy-nine indictments, upon which n
government failed In siNty-two and sue
ceeded IN seventeen. No sentences OF i'm
prisonment We're executed ana the totl
lines amounted 10 Sl6T6. II rs safe to sa
that these penalties distributed over man
years were, az deterrents from the com
'mission Of prohibited ofenses. a nsslgibl
But IN 1908 the so-c5l!ed Elkins law wa
passed. Tn.s law very much strengthens
the hands OF the government IN dealin
with discriminatory practices OF railroads
II made IL unlawful To- any ~H-7~- - r,v
or receive any rebate or discriminate
sgheTeby property by any device, -no-i. d
transported az less ,htp lhe puDdsaed rat,
n also conferred upon ;av government IN
right 20 apply 10 the court 10 compel IN
observance Of published rates and the az
continuance OF Determinations OF cOursl
All the judgements under this act hay
been during the present administration fC
Il was not In existence before.
Gases started
IL had been claimed. after the passage {
.he clkins act, that rebates and other al
lawful Determinations had practical
ecased. The lnters ate Commerce cOmmii
sion IA 1903, la us annual report state
that the practice had greatly diminished
was no longer characteristics OF railroa
operations and that never before had tariff
been as well observed as az that time.
the testimony before the senate. commit,
considering the railway rate legislation du
dng the spring and sumner Of 1870 man
onicials 81 The railroads expressed a