The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-18
SAM
I SHOULD
HAVE RIGHT
Of APPEAL.
CBy Associated pressl

10y ITtSSsI
Washington. D. c., Dec. iS.-That
the United States should have the
right # appeal TO the Supreme Court
of the United States as matter OF
right whenever conviction Is reyers
ed on appeal by tpe defendaiv to cir
tslit court of appehls. Is the npinion ex
pressed by Attorney General Bona.
parte in his annual report ( r the fiscal
year ending June 30, 1908. submitted
to Congress today. In this eonnec
ton he sights the case of the reversal
of the fine OF more than s29, 100000, in
which an application for the allowance
n writ OF certiorarl has been made
to the Supreme court He hol0s tlat
an amendment of the present statue
would be appropriate In the case Of all
criminal proceedings but suggests that
It would be especially so in connection
with prosecutions where the wealth q
| the defendant usually renders an ap-
peal on his or its part from any ad
verse judgement a matter Of course
The attorney generals oplnion is that
In such cases there is no question OF
double jeopardy as the appeal OF the
/ defendant from the original conviction
In recognized by the undoubted weight
/ OF we'll considered judicial authority
as a waiver OF his rights IN this res
pect and as in the absence of some
such provision of law as the attorney
general recommends guilty parties
bay escape from Just punishment ufii
i der the law as finally determined by
the court of last resort
He declares that the consistent poll.
cy OF the department of Justice dur
/ ing the year In inforcing the statutes
intended to protect the interstate and
Il foreign commerce of the country from
evils arising through combinations in
restraint Of trade and attempts t0
create monopoly as we'll as discrimi-
natl MS and other Illegal practices on
1.-THE part OF commentaries engaged in
such commerce. has been carefully TO
Investigate all complaints submitted to
Il. whether by public authorities or by
Irresponsible private eitizeus and to au-
ifh0Iize proceedings whether. civil +
Terminal. only when this Investigation
rag shown the complaints 10 be seri-
.aus.. sud well founded. aud that success
fmight be reasonably expected. r..
He reports that this policy WAS at.
tended during the year by a fair Alege
lnre Of success in the proceedings au-
;hollzed and that as consequence OF
decisions already obtained or expected
soon the statutes dealing with such
cases viii soon be interpreted SO au
thcfitatively that th Sc seeking &c
comply with the law will be relieved
. from all uncertainty as to what the law
. t,eally is He says that serious obstac
In,
. ing the statutes and that these may
DO with advantage readily removed b.
further legislation,
. "The United States has had ocehsiOr
. late years, and viii probably hay'
occasion in future" he declared -
spn s'cute criminally many CORPORA.
tiOps or other artificial persons A;
such offenders can not be physicaln
) iarrested, Il is obvi usly desired tina
a simple. aud convenient form az pro
4 heess Slnil be prescribed By law t
A fhaye the regal eject Of an actual arres
+ iana removal 10 the trial disirlctin th'
II case Of a natural person
y tie reports that many comIulinica
h Inns have been received asking III
n government &c take action to pFocur'
I. temporary injHnctions against the col
e lection Of increased rates on freigh
IT by ysri as railroads, claiming tha
= such rates, although duly filed with To
!. Interstate Commerce commissi0n, hai
II heen adopted in fact through agree
B inehts between competent railroads Il
g violation OF the Sherman Anu-trus
y law. He reports shat, MS application
s. had already been made In q maj rit
It Of the cases to the Interstate Con
J. merce commission. he deemed II in aI
y propriate TO institute proceedings look
ing to the procurement OF temp rar,
lnjupctions. the elrincipal purpose o
o which would be to keep the old rate
4 IN force pending the decision Of tn