FREE BOOKS

Author's List




PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  
ter-General that another assistant be provided for his Department. I invite your consideration to the several other recommendations contained in his report. The report of the Attorney-General contains a history of the conduct of the Department of Justice during the last year and a number of valuable suggestions as to needed legislation, and I invite your careful attention to the same. The condition of business in the courts of the United States is such that there seems to be an imperative necessity for remedial legislation on the subject. Some of these courts are so overburdened with pending causes that the delays in determining litigation amount often to a denial of justice. Among the plans suggested for relief is one submitted by the Attorney-General. Its main features are: The transfer of all the original jurisdiction of the circuit courts to the district courts and an increase of judges for the latter where necessary; an addition of judges to the circuit courts, and constituting them exclusively courts of appeal, and reasonably limiting appeals thereto; further restrictions of the right to remove causes from the State to Federal courts; permitting appeals to the Supreme Court from the courts of the District of Columbia and the Territories only in the same cases as they are allowed from State courts, and guarding against an unnecessary number of appeals from the circuit courts. I approve the plan thus outlined, and recommend the legislation necessary for its application to our judicial system. The present mode of compensating United States marshals and district attorneys should, in my opinion, be changed. They are allowed to charge against the Government certain fees for services, their income being measured by the amount of such fees within a fixed limit as to their annual aggregate. This is a direct inducement for them to make their fees in criminal cases as large as possible in an effort to reach the maximum sum permitted. As an entirely natural consequence, unscrupulous marshals are found encouraging frivolous prosecutions, arresting people on petty charges of crime and transporting them to distant places for examination and trial, for the purpose of earning mileage and other fees; and district attorneys uselessly attend criminal examinations far from their places of residence for the express purpose of swelling their accounts against the Government. The actual expenses incurred in these transactions are
PREV.   NEXT  
|<   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92  
93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   >>   >|  



Top keywords:

courts

 

General

 

circuit

 
legislation
 
district
 

appeals

 
United
 

attorneys

 

States

 

amount


Government
 

judges

 

marshals

 

allowed

 

criminal

 
number
 

Attorney

 

report

 

purpose

 
invite

places

 
Department
 

changed

 

residence

 

charge

 

express

 

incurred

 
examinations
 

attend

 

income


services

 

opinion

 

expenses

 

swelling

 

application

 

judicial

 

recommend

 

outlined

 

system

 

present


measured

 

actual

 

accounts

 

compensating

 

encouraging

 

unscrupulous

 
natural
 

consequence

 

frivolous

 

prosecutions