El Paso herald. (El Paso, Tex.) 1901-1931, 1912-05-29

d
vice. Yet it is one of the most i'm
Dortant Of them all. Here the general
/ laws of the country find means IoI
their enforcement and the laws unoeF
which the other departments act are
construed Laws do not enforce l1em-
selves and the courts are poWerIess u
act unless there is someone TO play
the role of prosecuting attorney Inc
office Of the attorney general was ere
ated for the legal advisor of the presl-
dent under the judiciary act OF 1883
In the early history Of the country the
chief duty of that official was to guide
the chief magistrate along IeSal lines
and to represent the United states IN
the supreme court Since that time MS
duties have expanded until today ne IS
charged with the duties OF prOsecul-
ing attorney for the government the.
direction of the administration OF the
federal court system and the super
vision of federal prisons.
When the attorney generalship was
first created it carried with II a salary
of only $500 a year, and the attorney
general was supposed to pay ais sec
rotary out of that He was not re-
ouired to reside in Washington ana
was permitted TO continue MS law
practice while serving as the attorney
general of the United States in 1871
the duties of the attorney general were
increased, but 1t was not until 1917
that the office was transformed into q
full fledged department of the govern
ment Prior to that time the attor-
ney general held the unique position
of being a member of the cabinet and
yet not a head of a department.
Many Puzzling Questions.
When congress passes an act OF
/ LEGISLATION, il is usually the workman
I ship Of many hands. The original bill
! is amended and amended again until
it often bears but few marks OF us
original authorship. The result Is that
the average law on the statute books
/ is a sort of a patchwork of ideas, not
/ especially noted for its platnness o.
I expression. 1t is often difficult TO
understand exactly what congress
/ meant to say, and sometimes one must
| read carefully the VoluminOus DEBATES
| of the house and the senate before he
/ can interpret correctly the meaning u
/ its legislation This gives rise 10 az
/ ference of opinion as TO the true mean
, ing of many legislative acts ana 70
| many controversies before the depart
/ ments and in the courts An instance
/ of this is afforded by the great dltIl-
] entity in the construction OF the pusS
I food law That law left much doubt
4 as to exactly what constitutes a FlOia
/ ton of it. tt was this doubt tnat leu
to the propounding Of the famous
1 o77erv what is whisky" That Ques-
/ lion was threshed out in the depart
ment Of agriculture, then carried UP
| to the solicitor general for report ana
I then to the president, who DECIDED IL
finally.
in the prosecutions under the sherman
I antitrust law than under any otne-
1 branch Of the work OF the oepaf Ilileut
/ OF Justice. Many great trusts nave
/ been hailed into court by the depart
: ment Of Justice and verdicts secured
/ which have resulted in the breaking
up OF such large combines as the
Standard Oil Co, the American 10
/ bacco Co. and the powder trust Sucn
larze con.binatiOns of capital 2s tAs
/ 1aper Board association, the Wl1dO's
4 Class trust. the TurpenJ1ne trust an
the Wire Pool associations nave Deeh
injected and prosecuted, and IN Illny
/ i'm. -ancCs verdicts against them Sc
cured The attorney general also mas
charge Of all litigation for the en-
forceuent of the interstate commerce
Z laws When the cOnsutuuonallty OF
such a measure as the corporation tax
1av is attacked it becomes the duty
| Of the attorney. general to defend the
right Of the government TO enact anu
/ enforce such laws When the other
/ deDartments detect violations OF the
I Laws in their respective fields of &C
/ tivitv it becomes the duty OF the at
/ torney general to prosecute those
l guilty of such violations. In the IN
vestigatfons into the frauds upon lhe
/ government by the underweighing OF
sugars imported into the United states,
! the government was able to collecI
So OOO. 600 from the Sugar trust on &C
! count of penalties and duties Iraudu-
.
other sugar manufacturers were also
found TO be implicated and more than
sI.OOO.O 600 has been collected from them.
Has own Secret Service
/ The department of justice is now IN
/ Dossessfon of a full fledged secret ser
vice Of its own 1t gives It's espeClaA
attention to the investigation OF VIOLA
lions of the national banking laws an I
antitrust laws, peonage Jaws, 'le
bucket shop laws, the laws relating 10
/ fraudulent bankruptcies, the imperson-
atfons Of government officials win lhe
intent to defraUd. thefts, murders anu
/ other offences committed on govern
ment reservations or with respect 70
government property. A large lumber
I of other matters are investlgaIeQ Dy
| this secret service. including ChlneSe
| smuggling, customs frauds internal
revenue frauds, pOstOffice FRAUDS, Vlo-
latfOns of neutrality laws, land frauds
Suits may not be brought against
the United States by individuals eG-
I cent in certain classes of cases Whl@h
may be carried to the court of claims
/ and To the circuit courts. In ether
cases it becomes the duty Of the at
/ torney general to sit In judgment ana
make recommendations to the presl-
dent as to the proper course 10 pursue
where individuals seek redress His
I opinion in these cases practically
amounts to a final verdict from which
| there is no appeal The attorney gem
Z eral also gives opinions upon al 4ueH-
I lions submitted to him by the cabinet
officers and the president During a
single year IO1 formal opinions were
rendered by the attorney general. 10
upon the request of the president and
/ % upon the request of executive de-
| partments Opinions were also rem
dered in 4O6 cases as to real estate
| titles, involving property worth more
| than $4,000, 900. No government money
may be expended for lands or buildings
! by any of the executive departments
until the matter Of title has been set
tied.
Takes Care Of All Government Suits
In the role Of prosecuting attorney
for the government, the department Of
/ justice looks after all actions at law
or suits in equity in which the United
States has an interest. II moon
sinner violates the revenue laws he is
placed in the custody of United States
marshal and is prosecuted by the dis
trict attorney under the general direc-
{ ton Of the dePattment of justice. II
THE DAYS WORK