The daily sentinel., 1908-12-18
IBy Associated Press. !

Washington, Dec. 1S.-That the
United States should have the right
of appeal to the supreme court of
the United States as matter of
right, whenever a conviction is re-
versed on appeal by the defendant
to a circuit court of appeals. is the
opinion expressed by Attorney Cen
eral Bonaparte in his annual report
for the fiscal year ending June 80.
1908, submitted to congress today.
In this connection he cites the
ease of the reversal of the fine of
more than S29,000.000, in which the
application for the allowance of a
writ of certiorari has been made to
the supreme court.
He holds that an amendment OF
the present statute would be appro-
pirate in the case of all criminal pro-
ceedings: but suggests that it would
be especially so in connection with
prosecutions where the wealth of the
defendant usually renders an appeal
on his or it's part from any adverse
Judgment a matter of course
The attorney generals opinion is
that in such cases there is no ques-
tion of double jeopardy. as the ap-
peal of the defendant from the orig
inal conviction is recognized by the
undoubted weight of well considered
judicial authority as a waiver of his
rights in this respect, and as. in the
absence of some such provision of
law as the attorney general recon-
mends, 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
statutes intended to protect the in
terstate and foreign commerce of the
country from evils arising through
combinations in restraint of trade
and attempts to create monopoly, as
well as Determinations and other il
legal practices on the part of COM
mon carriers engaged in such com
merce, has been carefully to investi-
gate all complaints submitted to it.
whether by public authorities or by
responsible private citizens. and to
authorize proceedings. whether civil
or criminal, only when this investi
CATION has shown the complaints to
be serious and well founded, and that
success might be reasonably expected.
He reports that this policy was at
tended during the year by a fair
measure of success in the proceedings
authorized, and that, as conse-
,auence of decisions already obtained
or expected soon, the statutes deal
ing with such cases will soon be in
terpreted so authoritatively that
those seeking to comply with the law
will be relieved from all uncertainty
as to what the law really is. He
saws that serious obstacles have been
in enforcing the statutes
and that these may be with advan-
tage readily removed by further leg
islatiop.
"The United States has had oc-
casion of late years, and Will proba-
bly have occasion in the future, he
declared, Ito prosecute criminally
many corporations or other artificial
persons. AS such offenders cannot
he physically arrested, 1t Is obviously
desired that simple and convenient
form of process shall be prescribed
by law to have the legal effect of an
actual arrest and removal to the trial
district as in the case of natural
person.
He reports that many communica-
tions have been received asking the
government to take action to procure
temporary injunctions against the
collection of increased rates on
freight by various railroads. claiming
that such rates, although duly filed
with the interstate commerce com
mission had been adopted in fact
through agreements between compet-
ing railroads in violation of the Sher-
man antitrust law
He reports that, as applications
had already been made in majority
of these cases to the Interstate com
merce commission. he deemed it in