The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-12-18
Bonaparte Wants Law to Aid
Prosecution After Vic
tory Is Reversed.
HIS ANNUAL REPORT
MADE TO CONGRESS
Condemns District Jail and Sug-
geStS That the Prisoners
Be Removed.

Attorney General Bonaparte. in his
annual report made public today, sug-
gests that Congress amend the statutes
of the United States so that the Gov
eminent may appeal in criminal cases
90 the Supreme Court He refers
particularly to cases where a victory
for the Government has been reversed
by the Circuit Court Of Appeals.
In suggesting such change Mr.. Bon
eparte refers to several noted cases,
particularly to the reversal by Judge
Peter Grosscup of Judge lands de
cisiOn imposing a fine Of S29,240,e0O on
the Standard oil Company.
While the Attorney General would
have such an amendment cover all
criminal proceedings, he says it would
particularly apply to cases Of offending
corporations, because IL such prose-
cutions the wealth Of the defendant
usually renders an appeal on his or its
part from any adverse judgment mat
ter of course, and absence Of any right
of appeal by the Government consti-
flutes, therefore, a serious practical int
pediment to the impartial administrI-
ton OF justice"
Corporation Prosecution.
Mr.. Bonaparte briefly outlines the
work of his department in the proSecu-
ton of persons or corporations, which
have violated the statutes covering in
terstate and foreign commerce, and
states It has been the policy Of the de-
partment to prosecute whenever care
full investigation has shown such &C
ton to be both necessary and likely OF
success. He adds: 1t seems appro-
obstacles have been encountered in
their Cthe statutes) effective enforce
ment which can be, and, in my opinion.
may be with advantage readily removed
by further legislation
The department the report con-
tinues. is still considering many
complaints against increase of freight
rates BY railroads. These com
plants accompany requests for tenn
porary iujuncuons and state that
While the roads have Lled with the In
terstate Commerce Commission their
notices OF increase, they in reality have
mede agreements among themselves re
Barding such increases, in violation OF
the sherman antitrust act.
PeOnage and Land Cases.
Regarding peonage and land-fraud
prosecutions the report says: I'm
both cases am happy TO report that
the energetic prosecution Of offenders
has undoubtedly rendered the crimes
less frequent and also less profitable"
The BLACK Cabinet" which is caus-
ing some unhappiness in Congress, IS
referred to briefly. The report says that
since the sundry civil appropriation bill
of 1908 forbade the use Of Secret Service
men, by the Department Of Justice, It
has gathered it's own force of special
agents.
The number and gravity Of offenses
against the national banking laws"
continues the report, by officers or EN-
ployes Of national banks constitute mat
ters Of reasonable soIcitude and regret,
The moral culpability involved in such
offenses seems often to be imperfectly
appreciated, and, although they Usu-
ally excite great Indignation and pro-
woke loud complaints from the sufferers
whey they are first discovered, so much
time frequently is lost in the trial OF
these long and complicated cases that
the crime itself has faded from public
memory when the criminal Is at last
convicted, and there Is need of vigi-
lance lest he finally escape with wholly
insufficient punishment" The AttOr-
ney General asks for a special account
ing force to perform expert work now
done by national bank examiners in
such cases.
Clemency to Prisoners.
Concerning pardons, the report makes
this striking statement: "A frequent
ground Of clemency alleged in these pc
titions is the infirm health of the
prisoner, and especially the actual or
asserted fact that he suffers from tu-
berculosis- I do not deem such consid-
erations sufficient TO Justify cleme1cy.
unless under circumstances affording
reasonable ground for belief that the
sentence would have been materially
different had the facts alleged been
known TO the court or unless they in
vOlve serious danger to officers or insti-
tutions in which prisoners are CON
fined"
The report suggests an amendment
Of the statutes so that a corporation
may. through its officers. be arrested"
and service upon its officers shall be
considered to be sufficient notice that
they must be present I'm court and be
proceeded against just like a person.
The report asks for an increase in the
salaries OF United States judges but
doesn't state the amount esteemed fit.
District Jail
OF the District jail the report says.
The attention of the department was