The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-12-20
Attorney General Calls
FOR Needed Changes in
Law Enforcement
DELAYS THE PRESENT DRAW.
BACK TO THE WORKING OF
JUSTICE-TELI.S OF RESULTS
HE HAS OBTAINED N YEAR.


the United States should have the
right of appeal to the supreme court
of the United States as a matter of
right, whenever conviction Is re-
versed on appeal by the defendant TO
circuit court of appeals, is the opin-
ion expressed by Attorney General
Bonaparte in his annual report for
the fiscal year ending June 30, 1908.
submitted TO congress today. In this
connection he cites the case of the
reversal of the fine of more than
$29, 900, 900, in which an application
for the allowance of a writ of Ger
tionari has been made To the SUI
preme court lie holds that an
amendment of the present statute
would be appropriate in the case OF
all criminal proceedings but sug-
gests that it would be especially so
in connection with prosecutions
where the wealth of the defendant
usually renders an appeal on his or
its part from any adverse judgment
a matter of course The attorney
generals opinion is that in such cases
there is no question of double jeopar-
dy, as the appeal of the defendant
ognized by the undoubted weight of
well considered judicial authority as
"A waiver of his rights in this re-
spect. and as In the absence of some
such provision of law as the attorney
general recommends guilty parties
may escape from just punishment
under the law, as finally determined
by the court of last resort
He declares that the consistent
policy of the department of justice
during the year in enforcing the stat
utes intended to protect the inter
state and foreign commerce OF the
country from evils arising through
combinations in restraint OF trade
and attempts to create monopoly. as
we'll as determinations and other IL
legal practices ON the part of COM
mon carriers engaged in such com
merce, has been carefully 10 1nYes
tigate all complaints submitted 10 II.
whether by public authorities or by
responsible private citizens. and 10
authorize proceedings. whether civil
or criminal. only when this inyesti-
CATION has shown the complaints To
be serious and we'll founded, and that
-
He reports that this policy was at
tended during the year by FAIR
measure OF success in the proceedings
authorized and that Is consequence
of decisions already obtained or eN-
pected soon the statutes dealing
with such cases Will soon be in
terpreted so authoritiyely that those
seeking to comply with the law will
be relieved from all uncertainty as
10 what the law really is. lie says
that serious obstacles have been en-
countered in enforcing the statutes
and that these may be with adVan-
tage readily removed by further
legislation.
THE United States has had oe-
casion of late years. and will prob
ably have occasion in future. he
declared. TO prosecute eriminally
many corporations or other artlheiai
persons. As such offenders cannot
be physically arrested, it is obvious
ly desired that simply and con-
venient form of process shall De
prescribed by law to have the legal
effect of an actual arrest and re-
noval TO the trial district In the case
of q natural person.
He reports that many communion
lions have been received asking the
government To take action To pro-
cure temporary injnnetions against
The collection of increased rates on
freight by various railroads, claim
ing that such rates, although duly
filed with the Interstate Commerce
Commission. had been adopted in
fact through agreements between
connecting railroads In violation OF
the sherman Antitrust Law. He
reports that. as applications had al
ready been made In majority OF
these cases 20 the Interstate COM
merce Commission. he deemed II IN
appropriate to institute proceedings
looking to the procurement OF tenn
porary iniunctions. the principal pnr-
noses of which would be to keep the
old rates in force pending the deels-
ion of the Interstate Commerce COM
mission.
Two classes of cases which nave
engaged large part of the attention
of the department, the attorney gen
.eral reports have been proceedings
arising out Of alleged frauds and IT.
regularities in the acquisition OF
title by private parties to the pubic
lands. "In both eases, he says, !
am happy to report that the energetic
nrosecution of offenders has I'M
doubtedly rendered the crimes less
frequent. and also less profitable.
IL is VIGOROUSLY difficult to secure
convictions in peonage cases, owing
TO the antecedents and surroundings
of the victims and witnesses and tue
FREQUENT existence of strong local
sympathy for the defendants. lie
reports. however. that through the
determination of the department the
frequency of these offenses has dl-
minished materially, although they
are still by no means unknown
.sThe land fraud cases. he says,
have forcibly illustrated the I'M
fortunate consequences OF ad-
illustrative laxity and federation oil
abuse in the enforcement OF any
laws during a considerable length oil
time. $500
Number and gravity of ofenses
-