The Alaska daily empire., 1917-03-27
4 MIsERABLE FAILURE


 Senator Sutherland made miserable failure yes terday of his attempt Co prove that men had been 'raroaded" to the penentiary in the Fourth Division because of their refusal work with the Democratic machine" To realize this needs but to consider what rairOading man to the penitentary compre' hends
 In order to railroad" to the paneatiary in Alaska it would be necessary first to secure an indictment from a Grand Jury composed Of citizens O. Alaska Then it would be necessary to secure a unanimous verdict from a petit jury Of twelve men likewise citizens Of Alaska. This would be severe task for any set of officials and an attempt to carry it out would likely be discovered by the Judge Of the CouE the attorneys for the defense and others This would mean that in order successfully to rail road" a man 10 the penentiary there would have to be an iuqutous conspiracy that would involve the trial Judge the United States District Attorney the United States Marshal and dozens Of the citizens of the community It would mess that would stink to Heaven.
 The record shows that those indicted tried and convicted who were said be "raroaded" were del tended by able counsel Yet the Circuit Court Of Appeals decision read by Senator Sutherland support his ugly charge. reversed the trial court solely Q point of law It admitted. in effect that the government had proved intention to commit crime but not an attempt" It was a close point The Court held that to prove attempt to commit crime it would be necessary to prove that overt act toward the commission of the crime had been made As a matter of fact. it shown that there had been the intention 10 commit crime and that the plans for the commission of the crime had been made and partly carried out but that ettemp-no overt act-tOward the consummation of the crime had been committed Therefore the lower Court was reversed. There was nothing said by the Circuit Court of Alp peals about untoward conduct the part of any Of the court officials There roast" for the ! Court or its officers There not a word about | "railroading." There was simply reversal of the lower Court-by no means an usual thing. If it were not that clean and just trial courts are sometimes reversed there would be little for the dozens of appellate courts We have in the United States.
 And then as Co the condition of public opinion in the Fourth Division. with reference to the matter l. This Democratic machine" which did the railroadng was not in such repute but that the Fourth Division gave plurality to the Democratic candidate for Dele gate to Congress The Fairbanks newspaper which printed the cartoon upon which Senator Sutherland said that he based his railroadng charge says that if he had made the same remarks in Fairbanks that he made in the Senate he would be laughed off the stage! Practically every business and most of the laborng and others of Fairbanks and sur rounding creeks it is claimed. have signed petitions asking for the reappOntmGnt of Marshal Erwin If the charge that Senator Sutherland makes were true there would more likely be ygiantes committees than Democratic pluraliies and endorsements for Marshal Erwin.
 Again The Empire says the charge of Senator unthinEaby untrue. It does believe that we have ever had a set of officials in Alaska or Republican. who would conspire to q railroad" men to the peniteutiary for political pur. poses or any other purpOse-in the usual of il that term The United District Attorneys and NIarshals try to convict those whom they believe to be criminals, and that is what they for. But to ailroadns" menthe purposefuI refusal of courts and court officers and grand and petit jurors to give men fair trials-it is unthinkable! n