The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1908-12-25


United States should have the right Of
appeal to the supreme court Of the Unit
ed States as a matter Of right, whenever
conviction is reversed on appeal by the
defendant To q circuit court Of appeals is
the opinion expressed by the Attorney
General Bonaparte "a his annual report
for the fiscal year ending june 80 1908,
submitted % congress- today In this con-
nection he sights the ease of the reversal
Of the 6ne Of more than S20000,000, IN
which an application for lhe allowance Of
writ Of coruoraf has been made 20 the
supreme court lle holds that an amend
meat Of the present statue would oe ap
propiale iu lbe ease OF all criminal pro-
cee1iue bui suggests Chat b would ba cs-
peeiallg SD be- connection with prasecu
tions where tho wealth Of the defendant
usually rendaB 8n appeal an his 81 lis
paf from aay adverse Judgment "a matter
Of COURSE. The auoney generals opiu-
ion Is THAT Ia such cases There Is no guess
ton of double Jeopardy as tle appeal of
lhe defendant from tha original c0nviee
zion Ia recognized by lhe unb0nded
weight % wen considered judicial author
ity as a waiver of his rights Va ths res
peel and as IN uae absence Of some such
provisions ol iaw os Che attomey general
recommends guilty parties may escape
from just punlsahent under the law as
anally determined by tho court or last -
sort
Sc declares lhat tae consistent policy
81 dc department. of Justice duaas the
year IL enforcing the mmte intended 60
8soleci th ialele and lofeisn eom-
ua 81 be country lfm csis Mlsiae
.hsaHsh combinations b 1ssraiato' trade
na Hiannf oe4tf monopoly as wen
IS Discrimination and alh liegal pae
lie on the plrl 81 e9umon-eau.es ems
a s. ueh commerce bas been Care
ml la investigate thc complaints Subs
mlgte3 t9N Nheeaa9 by public aad0r
iies Hy pashle private c.dlns.
d t3 alghoa PROCEEDINGS whether
ciVll of criminal nnig when r1s invtii
cation aas aowu he complaints Go he
serious and eI founded AND thal 9e
cess might Be reasonably expected
He reports tbat this policy vas aueu5-
ed during The year by lair measure 81
success IN the proceeding authorized and
that as consequence of decisions 81
ready obtoined or expected soon the
statutes dealing with such eases win soon
be interpreted So suihmitatige5 that
those seeking 20 comply with The Law
win be relieved from al uncertainty as "a
what the law really is he saws that
serious obstacles have been encountered
IN inforeing the statutes and that these
may be with ADVANTAGE READILY removed
hy further legislation
THE United States has had occasion
of late years, and viii probably have oc-
casion IN future he declare. 10 prose-
cute criminany many corporations OF
other artificial persons As such uTeud-
ers cannot be physically arrested il is
obviously desired That a simple and con-
venient form Of process shall be proscrib
ed by law to have tbe legal effect Of an
actual arrest and removal @ the trial
district in the case Of natural person
IIe reports that many communications
have been received ASKING the govern.
ment to take action 20 procure temporary
niunctions against the collection Of in
creased rates on freight by various rail
roads. claiming that such rates, although
duly filed with the interstate commerc,
commission had been adopted in fact
through agreements between competing
railroads In violation Of the Sherman an.
u-trust law He reports that. as appli
cations he'd already been made IN a ma
lority Of these eases 10 the interstat,
commerce commission. be deemed It ii
appropriate TO institute proceeding look
ing to the procurement Of temporary in
functions, the principal purpose Of which
would be 20 keep the rates IN force pend
ing the decision Of the interstate com
merce commission
Two classes Of cases which have
engaged q large part Of the attention o
the department the attorney general re-
ports have been prosecutions for peonag'
and civil and criminal proceedings arising
out Of alleged frauds aud Irregularities in
the acquisition Of tide by private partie,
70 the public lands. 'In both cases. ht
says. 4 am happY to report that the
energetic prosecutios Of offenders has an.
doubtedy rendered she crimes less fre-
quent, and also less profitable. Il is