The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1907-02-22
Bill for Regulation of APP
peals in Criminal Cases.
is PASSED BY THE SENATE.
Important Judiciary Measure Is Sc
cured By U. S. Senator Knufe
Nelson.

| washington, feD. ID lie nlOSl not
able achievement in legislation by this
| congress was accomplished today by
Senator Knute Nelson of Minnesota in
steering through to passage the bill
to regulate appeals in criminal prose
BUTTONS. On behalf of the Judiciary
committee of the senate, Mr.. Nelson
has managed this bill since last May.
The measure was reported from the
committee favorably in the last ses-
sion, says The Pioneer Press, but so
cause of the strong objections made to
it. Beginning early in this session, Mr..
Nelson again took charge of it, and
the passage of the bill today, in the
light of the vigorous opposition of
nearly all the democrats and several
prominent republicans, is recognized
as high testimonial to Mr.. Nelson's
skill in the management of legisla-
ton.
He was cordially congratulated by
his colleagues who We're favorable to
the measure, and also by Senator Ray
ner and other democrats who had OPP
posed it.
The friends as well as the opponents
of this bill regard it as the most i'm
portant legislation that will be secured
at this session. The bill has the strong
Endorsement of President Roosevelt and
the department of justice, and is re-
garded as essential to the successful
prosecution of federal cases under the
anti-rebate and antitrust laws and
the statutes relating to meat and pure
food inspection.
The principal involved in this meas
ure derives its chief Importance not
only from the fact that it is regard
ed as necessary for the enforcement Of
new federal laws, but because ii
changes entirely the laws relating to
| criminal practice that have been in ex-
| istence since the foundation of the re-
public. By this bill, for the first time
in the history of federal practice, the
government is given the right of appeal
and the prosecution of writs of error to
| the highest court in the land on al
questions of law which may arise in the
prosecution of criminal cases.
Under the terms of this measure, the
decision of judge quashing, or setting
aside an indictment, or sustaining Il de
murrer, or arresting judgment of con-
viction for insufficiency OF the indict
ment-in all such cases the government
may carry the legal question involved
to the highest court in order to deter
mine the soundness of the legal opinion
rendered. Even in case of Judgment
sustaining a special plea in bar, when
the defendant has not been put in ieo-
pardy, a writ of error may be prosecut-
ed to higher court.
The bill was prepared by subcom-
mittee of the judiciary committee com
posed of Senator Nelson. chairman, and
Senators Spooner and Knox, represent.
ing the republicans, and it has been de-
bated with great care and skill by the
most noted lawyers in the senate, in
Guiding the trainers of the measure and
Senators Rayner and Whyte of Mary
land, Patterson of Colorado, Bacon OF
Georgia and Culberson of Texas.
The vigorous opposition to the meas
ure by the democrats has been unuer-
stood to arise from their violent opposi-
ton to federal courts and to the grant
ing of increased power of these courts
| especially as cases arising under the
revenue laws and the election laws, in
which the southern states are largely
interested, are tried in the criminal
branches of the federal courts.
Mr.. Nelson managed the bill so skill
fully, making concessions upon any
points not regarded as vital, until he
secured the passage of, the bill by the
senate without a roll call