New-York tribune., 1908-12-19
WANTS LAWS AMENDED
Mr.. BON4PARTE'S REPORT.
Thinks Government Should Haze
Right of A appeal IN Criminal Cases.

Ar+ornev General Bouaparte in his annual report
for the hsoa year ended June so. 1905 Mr.. Bona
a-1e cites the OF the reversal Of the Standard
on Company fine Of mere than $4,000 1000. in
which ST application for writ OF certiorari has
been made 20 the Supreme Court He holds that
81 amendment of the present statutes would be
sunrourate IN the Of all criminal proceedings,
ht suggests THAI il would be especially in
,ectiou with prosecutions where the wealth Of the
attendant usually renders an appeal his its
aa-r from any adverse Judgment matter OF
course TIE Attorney Generals opinion is that in
s,rh cases there il question Of double jeopardy.
ss re zpuesI OF the defendant from the original
CONVICTION Is recognized by the Undoubted weight
RI vel considered judicial authority as waiver Of
h rights in this respect and as in the absence of
so-7e such provision Of law as he recommends
gritty persons ulsy escape just punishment under
re law as finally determined by the court OF last
-eso-t
ENFORCING ANTITRUST LAW
"a declares that the consistent policy Of the
-s,s--e7t q Justice in the year in enforcing the
r-a-u-es intended protect interstate and 1oreigP
commerce from evils arising through combinations
= -as--ss7t OF trade and attempts TO create monop
or. ss vel as Determinations and other Illegal
--a--ices OF the part Of common carriers engaged
= s--r commerce. has been carefully investi-
- al complaints submitted 70 It whether by
-rrrir authorities by responsible private citi-
,srs ard 20 authorize proceedings. whether civil
~ criminal. only when this investigation has
founded aid that success might be reasonably ex-
pec1ed-
Re reports that this policy was attended by
-ssr measure Of success il the proceedings au-
-ho-ize6. and that a consequence Of decisions
s-es6y obtained expected the statutes dealing
us-h suca cases VII soon be interpreted su-
-bo-1rsrvely Lhat those seeking 10 comply with the
1s vii Be relieved from all uncertainty as 10 what
-hs law really IS. He says that serious obstacles
hsrs been encountered in enforcing the statutes.
sc tnar these nay be readily removed by further
legislation
.4-be --ui-a5 States has had occasion OF late
yes-s and vii probably have occasion in future.
NJ Bongpa--e says. 10 prosecute crirltnaIy many
co-pr-s-fons or other artificial persons. AS such
e~s7za-s cannot be physically arrested. Z is OBJ
v7ouslv desirable that simple and convenient form
r. --o-ess shall he prescribed by law 10 have the
legzi effect q AZ actual arrest and removal 10 the
t-ial district II the case of a natural person
F5e -e7o--s that many communications have been
received asking The government 70 take action TO
7-7c--e TEMPORARY tnJUlctions against the collec
non q increased freight rates by various railroads,
asserting rEz- such rates although duly fled with
TIE Interstate Commerce Commission. had been
s5or-e5 n TACT through agreements between COM
perinE railroads Il violation Of the Sherman anti
--usr -zz- 4 applications had already been made
II majority Of the cases 10 the Interstate Com
raerce Commission he deemed II inappropriate 10
institute Proceedings looking 70 the procurement OF
temporary iz-UncJions, the principal purpose OF
i-E -h= decision Of the Interstate Commerce Com
nnisslor-
Tvo classes u cases which have engaged a large
psr- -e attention OF the department the ArtoT-
nev General reports. have been prosecutions for
peonaze and civil and criminal proceedings arising
c.- NJ alleged frauds and irregularities IN the
outsf-to- of title oy private persons 10 the public
lands IN both cases. ne says. Z happy 70
-err-- -ar the energetic prosecution Of offenders
has ur6aubtedly rendered the crimes less frequent
-F0-rs1v
70 z=---e convictions in peonage cases, owing 70
the s--ecedents and surroundings Of the victims
and Witnesses and 11e frequent existence OF strong
loca- =r-zca1hy for the defendants" He reports,
hrVe~=- that through the determination OF the de-
ps---=-- rhe frequency OF these offences has di-
-nt-e-=5 materially. although they are still by
means Unknown. The land fraud cases" he says,
-1lzr= ru-clhIv illustrated the unfortunate conse-
oue-~ez Of administrative laxity and toleration Of
abuses n the enforcement Of any laws during a
considerable length Of time"
NEW SPECIAL AGENT FORCE
NJ Bonapzrte says
sst annual A.. report called o5ttsE5 etteni
4 cali upon the Treasury Department for de
eTe1--5ve force directly under its orders Through
se-v-oe force contained IN me slnorg ciEl ap-
prC7r-s-l-n act approved May 2. 1903 II pc
q Euau force q special agents Of its own Al
= 7-e ae~-.l - - -c,,--,-sas - -Ea ~
n7va-fru have been On the whole. moderately
ssrisFs -ro--- The special agents. placed IS they
who receives from them Gaiiy reports and sum
nls-zHs these for submission each day 70 the At
-o-1er General. are directly controlled 1y ms de
1a---eu-- and the Attorney General knows. or
ought know, al al times what they are doing
aIC what cost Under these circumstances ne
nay 10 Justly held responsible for the efficiency
and -r--Cr-v Of the service rendered The expert
enc the last six months has shown clearly that
src- force Is. under modern conditions. aoso-
cE-e II rlis department. and i Is hoped that its
--F re 7ar--z - M
perz- -e1uced 5y further experience
The number and gravity of offences against the
national banking laws by officers OF employees Of
national banks constitute matters Il reasonable
so1ct-lde and regret Mr.. Bonapa-te states. The
nora rllpahliry involved in such offences seems
ofcs- 5e inlperfe-tIy appreciated. and. although
they usually excite great Indignation and provoke
loud -cr--lztnts from the sufferers when they
frs discovered much tine Is frequently lost IN
the preparation trial and actual trial OF these
lrlg snd complicated cases that the crime itself
has faced from public memory when tbs criminal -
convicted and there If need Of vigilance lest
he finally escape with wholly insufficient punish
r=--~
n MS opinion. as q matter of justice. no good
reason exists why q warrant q arrest Issued ny
sry -ou-- Il ne United States should not be di-
rec-lE executed any part OF the country be as
ser-E thar ms found that certain districts
constitute for practical purposes sancuuarles for
certain classes Of offenders against federal statutes
Es believes thsr there should be Iaw giving com
r--rt-z Magistrates Of tie United States authority
q Issue search vsrrants when stolen government
properly OF any property which il Is crime
sSa-1st the United States 70 nisappr9pria1e Is be
1eTsc 20 be concealed
n regard 10 the supervision Of naturalization by