The Washington herald., 1907-02-13
URGE APPEALS RIGHT
Vote VIII Be Taken To-day
and Bill Passed.
KNOX FIGHTS HARD FOR IT
senator Rayncr Makes Principal Ar
gument Against the Measure, Pro-
nounces Ii Bad Bill, and Declares
His own Amendment Would Not
Make Il Acceptable 10 Him.

For four hours yesterday the visitor
TO the Senate might have imagined
himself listening to a discussion in a
law school.
The day was given mp mainly to de-
bate on the criminal appeals bill. and
textbooks and decisions on 'pleadings
and practice were piled by the lawyers
of the body until the air was heavy
with citations and excerpts. The main
topic was jeopardy, the claim being
made that the bin would put defendant
twice in jeopardy.
Senator Knox. who. as Attorney Cen
eraI in 1902. first asked Congress to
grant the government the right of ap-
peal in criminal prosecutions, fought
stoutly for the passage of the bill.
The drift Of discussion was in favor
of the bill, and IL will probably be
passed to-day. It is a House bin mOdi-
fed from "a general broad right of ap-
peal to specific grounds of appeal, the
essential value of the measure not be-
ing materially changed.
At the opening of the Senate the
chaplain. Or. Edward Everett Hale
made an eloquent reference to the ami
versary OF the birth of Abraham Lin
coin. concluding in these words: Not
in vain that he lived for US. not in vain
that he died for us, if we can follow in
his footsteps. if we can carry out his
purpose, II we are willing TO live and
ole for our country-with charity to-
ward all, with malice 70 none"
Mr.. RayBer's Opposition.
When consideration OF the appeals
bin was resumed. Senator Rayner pro-
posed an amendment that in any case
upon appeal or writ Of error. where
error was found to have occurred in the
trial, a verdict in favor Of the plaintiff
shall not be set aside. Mr. Rayner ad-
dressed the Senate, saying the bill was
the most important that had come up
this session. lie said IL was "A bad
bill. Il viii not support il even If my
amendment is adopted he DECLARED.
The purpose OF his amendment was TO
make il impossible for a man 10 be
twice tried for the same offeuse- There
was q wide difference of opinion. he
said as to what constituted jeopardy.
If there were a definite and agreed line
OF decisions as TO what constituted jeop-
ardy, then the possibilities of danger
would not DE so great
As showing the differences Of opinion,
Mr. Rayncr quUJe1 from "a dissentrg
opinion of Associate Justice Holmes in
KcpIer vs.. United States. l95th United
States Reports. IN which the justice held
that jeopardy was continuing condition
during tine entire trial Of a cause. and
thar q defendant could be tried any num-
Der OF times IN the same cause,
Senator Knox suggested that Justice
Holmes opinion was dissent
THAT is true replied Mr.. Rayner,
''but two other justices Joined in the dis
sent. aud IL another justice had Joined
them and still another justice been alb
sent. you would have had divided court
on the subject of jeopardy
Senator Nelson read q case from Mary
land CMr Rayner's State) in support Of
the administration view. Mr. Knox
made a strong legal argument on has
measure, basing his contention on the
fact THAI in England the Crown always
has had the right of appeal. and it exists
in State practice in twenty-eight States
of the Union
Senator Patterson surprised some OF his
colleagues by espousing the bill.
Vote to BE Taken To-day.
Senator Spooner. d member Of the Sen
ate Judiciary Committee, defended
the bill, calling attention to the action
OF many state legislatures in granting
appeals on behalf OF the state in crimi-
nal cases. Senator Clarke OF Arkansas
was preparing 10 address the Senate
when at the suggestion of mr.. Nelson the
bill was allowed to go over until to-day
when a vote will be reached.
Senator Depew introduced an amend
ment TO the river and harbor bin author
izing on expenditure of $,l25.0o0 for i'm
proving the Hudson River by extending
the twelve-foot project from below the
Troy dam. through this dam and TO the
barge canal entrance at Waterford, in
accordance with the report and recon-
mendations OF the local engineer officer
and approved by the War Department
engineers.