Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-12-18
United STATES SHOULD :
have RIGHT Of APPEAL
IN HIS REPORT TO CONGRESS THE ATTORNEY GENERAL An.
vsEs THE NEED OF APPEAL AND IN THIS CONNECTION CITES
THE FAMOUS STANDARD on CASE

Washington, Dec. 1s.-That the
,,nited States should have the right
to appeal to the supreme court of
the United States as matter of
right, whenever conviction is re-
versed on appeal by the defendant
to circuit court Of appeals. is the
opinion expressed by Attorney Gener-
ol .Boneparte in his annual report
for the fiscal year ending June 80,
1908. submitted to congress today.
In this connection he cites the case
OF the reversal of the fine of more
than s29,OOO,OO0, in which an ap-
nlication for the allowance of a writ
Of certiorari has been made to the
supreme ecourt. He holds that an
amendment to the present statute
would be appropriate in the case
OF all criminal proceedings but sug
xests that it would be especially SO
"a connection with prosecutions
where the wealth of the defendant
usually renders an appeal on his or
ITS part from any adverse judgement
4 matter of course. The attorney
GENERALS opinion is that in such
rases there is no question Of double
Jeopardy as the appeal OF the de-
fendant from the original convic-
tion is recognized by the undoubted
weight of well considered judicial
authority as to whether a waiver
Of his rights in this respect and as
in the absence Of some such provis-
ion OF law az the attorney general
recommends guilty parties may es-
cape 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 inforcing 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
we'll as Determinations and other H.
legal practices on the part of COM
non carriers engaged in such COM
Merce, has been carefully to inv
tigate 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 in
vestigation has shown the complaints
ts be serious and we'll founded. and
that success might be reasonably ex-
pected.
He reports that this policy was
attended during the year by a fair
measure Of success in the proceed
ings authorized and that as conse'
@uence of decisions already obtained
Or expected soon the statutes dealin&
with such cases will soon be inter
preted so au horitively that thos'
seeking to comply with the law will
be relieved from all uncertainty al
rs to what the law really is. HI
says that serious obstacles have beer
encountered in enforcing the stat
utes and that these may be with ad
vantage readily removed by furth
er legislation.
"The United States has. had oc
casion of late. and will probabl!
have occasion in future" he de
clared ito prosecute criminall
many corporations or other artifl
cial persons. As such offenders can
not he physically arrested. 1t is Oh
viously desired that a simple an
convenient form Of process shall b
prescribed by law to have the lega
eject of an actual arrest and re
moval to the trial district in the cas-
of a natural person"
He reports that many communica
tions have been received asking tn
government to take action to pro
cure temporary injunctions again'
the collection of increased rates
freight by various railroads. CLAIM
Ing that such rates. although dul
hled with the interstate commer'
commission, had been adopted IN Ia
through agreements between con
peting railroads In violation OF II
sherman antitrust law. He repor
mat, as applications have alreat
oeen In a majority Of the cases
'ne interstatee commerce commi
SION, he deemed 1t inappropriate
institute proceedings looking to Il
procurement Of temporary injun
uons, the principal purpose
which would be to keep the old rat
IN force pending a decision OF Il
interstate commerce commission.
Two classes of cases which ha
snsased large part Of the atte
,'on OF the department. the alto
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