The Detroit times., 1908-12-18
ANNUAL REPORT OF Arry-atN'
BoNAPARTE Is SUBMITTED TO
coNoRess-HIs REFERENCE TO
FREIGHT RATES.

A
Mr.. Bonaparte's speech reads:
1T Is obviously In the public interest
that whenever a conviction shall have
been reversed on appeal by the defen-
dant to a circuit court OF appeals there
should be right Of appeal by the gov
eminent to the supreme court OF the
United States from such Judgment OF
reversal. In such cases there arises
no question of double jeopardy. for
the appeal Of the defendant from tia
original conviction Is recognized by
the undoubted weight OF well-consid.
erel judicial authority as a waiver OF
III ghts In this respect. and In thu
al, zee OF some provision OF law such
as IS here recommended guilty parties
may escape from just punishment
under the law as finally determined
by the court OF last resort. | advise,
therefore, that the very useful but
insufficient statute allowing an appesl
10 the government In criminal cases
be amended In this respect. Under the
existing law. when a demurrer Is sus-
tanned because OF the invalidity or
construction OF the statute upon which
the indictment Is founded, the case
may not be taken direct to the su-
preme court OF the United States. But,
should the demurrer be overruled.
conviction had, and the case reversed
and remanded for a new trial by the
circuit court OF appeals, on the ground
that the demurrer should have been
sustained by the trial court, such Gaze
can not be taken to the supreme court.
This Inconvenience should be RENE
died by an amendment OF the act.
"A considerable number OF CON-
munications have been sent to the
president or to the department Of JUS
tice asking that actin be taken In
the name of th~ United States to pro-
cure temp airy injunctions against the
collection of increased rates on freight
by various railroads, and claiming that
such increased rates. although duly
aled with the interstate commerce
commission by each OF the railroads
promulgating them, had been adopted
In fact through agreements between
competing railroads In violation Of the
terms OF the statute generally known
las the Sherman antitrust law" az
construed by the supreme court In the
case OF the United States vs. Trans
Missouri Freight association (166 u.
S.. 290). In a majority of these cases
applications had already been made to
the interstate commerce commission
to secure the abatement Of the rates
In question, alleging them to be IN
reasonable and excessive, and the
principal purpose for the requested In
prevention Of this department was to
keep the old rates In force pending the
decision Of the interstate commerce
commission. After a very careful con-
sideration OF the question / felt CON-
PEELED to advise the president that,
under all the circumstances OF the
case, I deemed II inappropriate and
against sound public policy to institute
proceedings looking to the procure
ment Of temporary injunctions for the
purpose above indicated.
THE congress having clearly indi-
Gated by the terms of the statutes
regulating interstate commerce. under
the circumstances OF their enactment,
Its deliberate Judgment that railroad
rates should be fixed In the FIRST ir-
stance by the railroads themselves,
and when so fixed should remain efYec-
tive until abrogated In accordance with
law through action Of the interstate
commerce commission, II would not In
my opinion, accord with that con-
formity TO the intent OF the congress
appropriate on the part OF this de-
partment TO utilize proceedings under
the so-called antitrust law" to pre-
vent the application of said rates while
the commission had their reasonable
ness under consideration; as q conse-
quence OF such advice. no action Of the
character indicated was taken In the
premises. A further question. whether
the action attributed to the railroad
corporations constitutes In reality q
violation of the provisions of the anti
trust law, which involves important
issues OF fact. is still under careful
consideration by the department
Two other classes OF cases have
engaged a large part OF the attention
OF the department. namely, prosecu.
lions for peonage and civil and GRIM
inal proceedings arising out Of alleged
frauds and Irregularities in the
acquisition OF title by private parties
to the public lands. In both cases
am happy to report that the energetic
prosecution of offenders has undcubt;
eddy rendered the crimes less frequeat.
and also less profitable. II IL notori-
ously difficult to secure convictions In
peonage cases, owing to the ante
cedents and surroundings of the vic
tins and witnesses and the frequent
existence OF strong local sympathy for
the defendants; nevertheless. there Is
good reason to believe that the proved
determination OF this department not
10 be discouraged by occasional fail
ures in the enforcement OF these saln-
tary laws. and the severe condemna.
ton OF the practices exposed through
such trials by the enlightened public
opinion of the country at large. has
materially diminished the frequency
OF the offenses In question. although
they are still by no means unknown.
The land.fraud cases have forcibly
illustrated the unfortunate conse.
quences Of the administrative laxity
and liberation Of abuses In the en-
forcement Of any laws during consid-
cradle length of time. Acquisition of
title 20 public lands I'm direct vocation
OF the plainly expressed intent OF the
statutes. and through glazing misrep-
presentations OF fact, often, indeed
usually, accompanied by false oaths