The herald-advance. (Milbank, S.D.) 1890-1922, 1907-03-08
review OF The WORK OF CONGRESS
Important Measures Passed During the Short Session
immigration Law The Right of Appeal in
Criminal Cases.

more than a year, namely the ratlflca-
ton of the Santo Domingo treaty. BY
this action the government of the
United States is not committed to any
more certain duty in looking after the
interests of the Latin-American repun-
les of this hemisphere than is incur
cfed in the avowed national policy of
II lpholding the Monroe doctrine.
m But what is gained, as is believed.
by the ratification of this treaty Is
tranquility in Santo Domingo and the
aid and encouragement by this govern
ment to Santo Domingo in pulling her
self out of the mrc of debt in which
she is involved without any accompa-
nying annoyance from foreign powers.
With respect to general legislation.
probably the most important action OF
the congress just closing was the pas
sage of the immigration bill and the
measure comforting upon the federal
government the right to appeal in
criminal cases.
The immigration law just enacted
opens the way for improvement in the
character of the immigrants that come
to these shores. Taken in connection
with the policy outlined in the provi-
sion relative TO the incoming of Orien-
tai labOrers and the provision for a
thorough investigation of conditions
surrounding emigrants and the sources
of immigration in foreign countries
the bill enacted at this session is OF
tremendous Importance to the whole
country, industrially and commercial
ly.
1t is a troublesome problem, this at
tempting to depart from the ancient
rule of asylum for the people OF all
lands Time has shown, however, that
the United States has, in addition TO
furnishing homes for the best classes
of people, who ha. e come to be Amer
ican citizens of the highest standard
and who have contributed to the up
building of the nation in all directions
where well directed labor and wealth
production under wise laws have add
ed to the comfort and happiness OF this
country--in addition to these desirable
features the gates which have always
opened inward have let in far too
many undesirable people, diseased,
manned, degenerates and criminals.
who have gone to swell the almshOuses
and the jails, thus becoming charges
upon the well-to-do in this land, as
well as detracting from the social or
der and we'll being of our people.
A measure which affords relief from
some of these great evils, as the i'm
migration law just enacted promises to
do, cannot but be of great value TO the
American people.
The criminal laws of the United
States are statutes passed by congress.
There is no common law relating to
crimes SO far as the nation is concern
ed Issues of law in the trial OF per
sons charged with violation Of the
criminal statutes Of the United States
have always been taken advantage OF
by defendants, but no provision exist
ed for the government taking such is
sues of law to the higher courts where
the decisions of the judges of the low
er courts were favorable to the defend
ants
The law is changed by the action of
the congress at its present session
The government will now have the
right TO prosecute appeals Or writs OF
error on questions of law decided by
the inferior courts to the highest tri-
bunal in the land. The defendant in Il
criminal court has always the protec
ton of his constitutional rights, which
NAV be urged in his favor to the high
est court.
1t has been found upon many occa-
sions that decisions of the lower fed
eral courts, touching questions of law.
when in favor Of the defendant on trial
| for infraction Of criminal law of the
United States, even before the defend
ant has lost the protection of the jeop-
ardy right in the constitution Of the
country, has appeared to be SO erro-
neous that the defendant would go un-
whipped of Justice. 1t is now prOvid-
! ed that such issues of law so raised
NAV be prosecuted by writ of error
sued out by the government to test III
| the higher courts the soundness of the
! legal opinion rendered by the judge ip
! the lower court.
So many new and complicated stat
utes of criminal nature have been
enacted by congress during the past
few years in the effort of the people to
secure redress of grievances by the
| abolition of railway rebating and kin
dred wrongdoing by great corporations
that it has come to be recognized that
the government must, in the interests
of justice be clothed with the power to
test legal questions in criminal cases
| by some authority other than the
! judges in courts of first instance. This
legislation is supplemental to the acts
| of this and previous congresses intend
ed to restrain the powers of those
whose evildoing is, in the main. An
abuse of the use of wealth