The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-12-07
50, 722gR.ININAL
CASES. STARTED
INFI!S { {. YEAR.
Attorney General Suggests
New Basic Judicial
Organization.

...H|Eil q 81
WARRINGTON, Dec. IA new
basic judicial Organization to meet
the ntigtnetited work which has re-.
suited from "the ever increasing
completely Of government" was
suggestede by Attorney General
Daughetty IN his annual report,
made public here today, on the op.
efatlons of the Department Of
Jnstice Noting that 67,722 Grimm
ili cases were begun In the last
fiscai gear. the report declared the
point was being approached where
reyamptng Of tho machinery
used IN this work IS inevitable"
Adoption Of some method by
which the government could re-
tain attorneys who have special
knowledge Of government matters
Ia addition to legal training was
one DC the several suggestions I'D.
yanced sby Mr.. Daugherty. The re-
Gently enacted legislation provid-
ing additional judges should help
the situation, he added, but prob.
ably will not entirely remedy 1t.
eThe failure Of local selE-goveru-
ment in parts OF the country, "the
report said, results in the insis.
tence ot the citizens Of those COM
mnnitiss that the federal govern
ntent perform that function in
which the local government has
tailed and frequently in matters
where there is concurrent juEisdic-
ton between the state and fed
eral government 1t Is difficult to
establish a policy as to the extent
to which the federal government
should take Jurisdiction. This is
peculiarly true Of offenses arising
under the Federal Reserve Act the
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 at
tnrneys and the state prosecuting
attorneys meet from time to time
for the purpose OF cooperation.
Evidence Of the benefits Of these
meetings is Overwhelming.
sThe existing procedure for the
removal OF a defendant to the jur-
isdiction where the crime was
committed is unduly cumbersome
and results in unjustified delay and
injustice. linden such procedure
the trial Is frequently delayed
from one to two years."
Announcement was made in the
report otsthe "desire of the depart
ment 10 return or to recommend
Tor return" all property seized I'm.
der the Trading with the Enemy
Act In cases where the owners
come within ''the enabling section
lparagraphr9)" Of the act.
Send Representatives to Europe
s'The question in almost all of
these cases, "Mr. Daughetry re-
ported, IS either OF title or OF cit
iaenship. For instance, the alien
property custodian has seized and
now holds the property of estates,
which are quite complicated, by
reason Of the rights OF United
States citizens, alleged to have
been acquired subsequent to the
war, Often times the question be.
comes one Of the validity of an as
sisnment or the acquisition Of title
prior to the war, and in this con-
nection It Is exceedingly difficult
at times to distinguish between
the pre:war ownership Of a claim
ant and q simple claim Of indebt-
edness, and It is then necessary
To have the question submitted to
the court.
1T has also been necessary to
send representatives Of the depart.
ment to Europe to secure evidence
from those familiar with certain
cases. This evidence was material
IN the consideration and trial Of
these cases and In the determine
ton Of certain claims. SO that a
fair and impartial hearing could
be given to litigants and claim.
ants. In fact, 1t was usually at the
request Of lftigants and claimants
that these representatives were
sent abroad, and, while such in
yestigations and the taking Of
snch evidence served to accomo.
date claimants, 1t likewise pro-
tected the government in the ad.
ninistration Of the trusts created
tl1re will see any number OF inter.
ofer these properties.