Omaha daily bee., 1909-12-13
Need Of New Lspislation.


Popular confidence in the ability of
the United States to have it's own way
in the courts suffers a rude shock in
contemplation Of the annual report
Of Attorney General Wickersham,
wherein are set forth many Of the
limitations which confront the Depart
ment OF Justice, with suggestions for
remedial legislation. Many proposals
have to do with technical matters of
judicatory procedure, wherein it is
shown that the government is ham
pered, and of these one of the most
important is the plan to expedite the
removal of a prisoner indicted for
crime in one district from the one in
which he may be apprehended. Mr..
Wickersham objects to the practice of
substantially requiring the whole case
of the United States to be tried out
before a commissioner or judge OF
habeas corpus in a district remote
from that in which the indictment is
found, on application for a warrant of
removal. But against his claim that
this process often results in a complete
failure Of justice will be raised the
right of the prisoner to habeas corpus
proceedings, a right which must not,
indeed, cannot, be invaded, and it is
difficult to see how the government
can avoid a full preliminary hearing
in such a case without enlarging its
risk of surrendering its prisoner again
to liberty.
One matter that has been per-
~sistently demanded and is now re-
newed is the broadening OF the right
Of appeal Of the government in Grim
inal cases. 1t would seem to be a mat
ter Of equity that the United States
have the same right which the de-
PENDANT possesses, wherever the cont
stitution permits.
Another cause hampering the GRIM
inal procedure by the government is
the statute which prevents the United
States from using against any prisoner
testimony given by him in previous
judicial proceedings. 1t is an apparent
injustice against the government to
permit a prisoner to tell unchallenged
a story entirely different from one al
ready on other records, and there ap-
pears no good reason for letting the
prohibitive statute stand, since the
constitution guarantees any prisoner
against determination, which was
the original intent of the statute that
has been used as a shield by criminals.
The attorney general makes a
strong plea for an immunity statute to
meet the conditions which arise in the
efforts of the government to procure
vital testimony. He argues that the
same reasons that called for the en-
actment of the special immunity
statute as to proceedings under the in
terstate commerce laws apply with
equal force to criminal prosecutions
generally. 1.-The United States" he
urges, should have the power to COM
pei discriminating disclosures by giving
a compensatory immunity In all cases
where individuals stand between crime
and it's detection and punishment"
Citing the beneficial results, of the
developments of the science Of pen
ology In various states, Mr.. Wick
ersham pleads for a national law for
in~determinate sentences parole and
suspension of sentences! In actual
working, he holds that such a law en-
courages and assists those who are not
habitual offenders to become good and
useful citizens, n he sees no reason
why the United States should be be-
hind the individual states in a mov
ment of this character,