Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-18
BONbPAR|E ASKS
RIGHT Of APPEAL
Attorney General Wants Oil
Fine Muddle Made Impossible
By Legislation
DEPARTMENT is HANDICAPPED
Attorney General Points Out That Diff
fieuIties Stand in Way of Prosecution
Of Predatory NEUTRALITY-SUSPICIOUS.
Desires to Be Enabled to Push Other
Prosecutions.

washington, Dec. 1S.-That the I'm
tied States should have the right Of
appeal to the supreme court OF the I'm
ited States as a matter of right, when
ever a conviction is reversed on ap-
peal by the defendant to circuit court
of appeals, is the opinion expressed by
Attorney General Bonaparte In his an
nual report for the fiscal year ending
June 80, 1908, submitted to congress
today.
In this connection he cites the case
of the reversal of the fine of more
than $29,OO0,O00, in which an applica-
ton for the allowance of a. writ OF
certiorari has been made to the SUI
preme court He holds that all amend
ment of the present statutes would be
appropriate in the case of all criminal
proceedings but suggests that 1t would
be especially SO in connection Win
prosecutions where the wealth OF the
defendant usually renders an appeal on
his or its part from any adverse 3udg-
ment matter Of course. The attor-
ney generals opinion Is that in such
cases there is MOI question Of double
Jeopardy as the ar peal of the defend
ant from the original conviction is rec
ognized by the undoubted weight OF
well considered judicial authority as
q. waiver of his rights in this respect
and as in the absence of some such
provision of law as the attorney gen
eral recommends guilty parties may
escape from just punishment under the
law as finally determined by the court
OF last resort.
Department 10 Handicapped.
He declares that the consistent poll
Icy Of the department of justice DUR
ing the year in enforcing the statutes
intended to protect the interstate and
foreign commerce of the country from
evils arising thru combinations in re-
monopoly, as well as determinations
and other illegal practices on the part
Of common carriers engaged in such
commerce, has been carefully to inves-
tigate all complaints submitted to 1t,
whether by public authorities or by re-
eponsible private citizens, ard to au-
thorize proceedings. whether civil or
criminal, only when this investigation
has shown the complaints to be seri-
Gus and well founded, and that success
might be reasonably expected.
He reports that this policy was at
tended during the year by fair meas
.ure OF success in the proceedings au-
thorized and that as a consequence
of decisions already obtained or ex-
pected soon the statutes dealing with
such cases will soon be interpreted so
authoritatively that those seeking to
comply with the law will be relieved
from all uncertainty as to what the
law really is. He says that serious OBJ
stacles have been encountered In en-
forcing the statutes and that these
may be with advantage readily re-
moved by further legislation.
Other Prosecutions Predicted.
'The United States has had occa-
sion of late years, and will probably
have occasion in future" he declared,
...to prosecute criminally many corpor-
ations or other artificial persons. AS
such offenders can not be physically
arrested, it is obviously desired that
q simple and convenient form of pro-
cess shall be prescribed by law to have
the legal effect Of an actual arrest and
removal to the trial district in the case
of a natural person"
He reports that many communica-
tions have been received asking the
government to take action to procure
temporary injunctions against the col
lection Of increased rates on freight by
various railroads, claiming that sucn
rates, altho duly filed with The inter-
state commerce commission, had been
adopted In fact thru agreements be-
tween competing railroads in violation
Of the Sherman antitrust law. He re-
ports that, as applications had all
ready been made in aSmajority of these
cases to the Interstate commerce COM
mission, he deemed 1t inappropriate to
institute proceedings looking to the
procurement Of temporary injunc-
tions, the principal purpose of which
would be to keep the old rates in force
pending the decision of the interstate
commerce commission.
Two Glasses Prosecuted.
Two classes of cases which have
engaged a large part Of the attention
of the department, the attorney gen.
eral reports, have been prosecutions for
peonage and civil and criminal pro-
ceedings arising out Of alleged frauds
and Irregularities in the acquisition of
title by private parties to the public
lands "In both cases." he says. Il
am happy to report that the energetic
prosecution of offenders has undoubt-
edly rendered the crimes less frequent,
and also less profitable. 1t is motor
iously difficult to secure convictions In
peonage cases, owing to the antece-
dents and surroundings Of the victims
and witnesses and the frequent exist
ence Of strong local sympathy for the
defendants He reports. however.
that thru the determination of the de-
partment the frequency of these Of
fenses has diminished materially, altho
they are still by no means unknown.
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