Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-12-08
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Attorney General
Says in Yearly Report

Washington. Dec. "A new basic
judicial organization, to meet the
augmented work which has resulted
from ''the ever-increasing complex
ity Of government" was suggested by
Attorney General Daugherty in his
annual report, made public here to-
Gay, on the operations of the Depart
ment of Justice. Noting that 60,722
criminal cases We're begun in the
last fiscal year, the report declared
the point was being approached
cry used in this work is inevitable"
Adoption of some method by which
the Government could retain attor-
neys who have special knowledge Of
government matters in addition to
legal training was one of the several
suggestions advanced by MIR. Daugh-
erty. The recently enacted legisla-
ton providing additional judges
should help the situation, he said,
but probably will not entirely remedy
it.
Tho failure of local self-govern-
ment in parts of the country" the
report said, results in the insistence
of the citizens of those communities
that the Federal government oper-
form that function in which the local
government has failed, and frequent
ly in matters where there is con-
current jurisdiction between the
State and Federal government it is
difficult to establish a policy as to
the extent to which the Federal gov
eminent should take jurisdiction.
This is peculiarly true of offenses
arising under the Federal reserve act
tho narcotic act. the Volstead act, and
the postal frauds act. There has
BEEN an effort on the part of this
division during this fiscal year to
have the United States attorneys
and the state prosecuting attorneys
meet from time to time for the pur-
pose of cooperation. Evidence of the
benefits of these meetings is over
whelming.
"The existing procedure for the re-
moval of defendant to the jurisdic-
ton where the crime was committed
is unduly cumbersome and results in
unjustified delay and injustice. Under
such procedure the trial is frequently
delayed from one to two years"
Announcement was made in the
report of the desire OF the Depart
ment to return, or to recommend for
return" all property seized under the
Trading with the Enemy Act in cases
where the owners come within "the
enabling section Paragraph 81" of
the Act
THE question in almost all of these
cases." Mr.. Daugherty reported, SIS
either OF title or Of citizenship. For
instance, the Alien Property Gus
todian has seized and now holds the
property of estates, which are quite
of United States citizens, alleged to
complicated. by reason of the rights
of United States citizens. alleged to
have been acquired subseQuence to
the war. Oftentines the question be-
comes one of the validity Of an as
signment or the acquisition of title
prior to the war, and in this connec-
ton it jig exceedingly difficult at
times to distinguish between the pre-
war ownership Of a claimant and a
simple claim of indebtedness. and Il
is then necessary to have the ques-
ton submitted to the courts.
1T has also been necessary to send
representatives Of the department to
Europe to secure evidence from those
familiar with certain cases. This
evidence was material in the con-
siderat!on and trial of these cases
and in the determination of certain
claims, so that fair and impartial
hearing could be given to litigants
and claimants. In fact. il was US
ually at the request Of litigants and
claimants that these representatives
were sent abroad. and, while such
Investigations and the taking of such
evidence served to accommodate
claimants, il likewise protected the
government in the administration of
the trusts created over these pro-
perties.
IT may be expected that the future
VIII see any number of interpreta-
lions by the courts of the provisions
OF section and of the question as to
whether the litigant is proper party
claimant under this section. The
questions of law arising are many,
and while, in general. it may be said
That the provisions of section 9 do not
conf1iet. 1T must be recognized that
there exist some exceedingly close
questions as to which Of the provis-
Ions OF section 9 control in certain
cases. The greater majority of the