LETTER OF THE ATTORNEY-GENERAL OF THE UNITED STATES, TRANSMITTING His annual report, in compliance with the act of March 8, 1873. JANUARY 9, 1877.-Laid on the table and ordered to be printed. DEPARTMENT OF JUSTICE, WASHINGTON, January 8, 1877. SIR: I have the honor to transmit herewith my report for the year 1876. Very respectfully, your obedient servant, ALPHONSO TAFT, The SPEAKER of the House of Representatives. Attorney-General. REPORT OF THE ATTORNEY-GENERAL OF THE UNITED STATES. DEPARTMENT OF JUSTICE, WASHINGTON, January 8, 1877. To the Senate and House of Representatives of the United States in Congress assembled: In obedience to the act of Congress approved March 3, 1873, I have the honor to submit the following report: THE SUPREME COURT OF THE UNITED STATES. At the October term, 1875, of the Supreme Court, there were argued and decided forty-six cases in which the United States had an interest. In twenty-seven of these, judgments in favor of the United States or its agents were affirmed, and in nine, judgments against the United States. were affirmed. In eight cases, judgments, obtained in the lower courts adversely to the Government were reversed, and in two, judgments favorable to the United States were reversed. Where several cases depending upon the same facts were submitted upon one argument, (e. g., the "Hot Springs cases," &c.,) they have been counted as one in the above enumeration, though in the discussion of them some attention had to be given to circumstances which distinguished particular cases. The number of United States cases upon the docket of the Supreme Court at the commencement of the October term, 1876, was ninety-two; of which fourteen have been submitted prior to the making of this report. In six of these causes, presented at the current term, decisions have been rendered; three affirming judgments in favor of the Government, one affirming an adverse judgment, and two reversing adverse judgments in the court below. THE COURT OF CLAIMS. The defense of the United States against claims in this court is conducted by an assistant attorney-general, with assistant counsel. For this service the appropriation for the fiscal year ending June 30, 1876, was $50,000, of which there was expended $32,091.63, as follows: For salaries of assistant counsel and clerical and other service in the Department.. For salaries and expenses of special agents in certain cases.. $16, 770 00 3,260 04 12,061 59 The following summary will indicate the nature of the service rendered: CLAIMS FOR PROCEEDS OF CAPTURED AND ABANDONED PROPERTY. The greater part of these claims (not barred by statute) were ascer tained by judgments in former years, and the recoveries of claimants therein in the Court of Claims were as follows: During the past year twenty-eight suits of this class, claiming in the aggregate $1,526,752.95, were brought to trial. Of these, twenty-three claims, aggregating $1,176,832, were remanded by the court for further proceedings. In two cases, claiming $328,750, there was judgment for the defendants; and in three cases, claiming $21,170.95, judgment for the claimants for the aggregate amount of $9,708.81. Most of the pending suits of this class were brought after the time limited by statute, and involve claims in the aggregate of upward of $12,000,000. MISCELLANEOUS CLAIMS. Of these, fifty-eight suits, claiming in the aggregate $1,622,466.46, were brought to trial. Eighteen cases, claiming $72,799.57, were remanded for further proceedings, or held under advisement. In nineteen cases, claiming $1,488,190.54, judgment was for defendants. In twenty-two cases, claiming $61,476.35, judgment was for claimants for the aggregate amount of $45,786.41. The court also rendered judgment during the year in certain cases (tried at December term, 1874, and continued under advisement) as follows: For defendants in 4 cases, claiming For claimants in 1 case, claiming.. But in which judgment was rendered for.. $664,760 77 83 117 2 38,502 81 Final judgment was also entered for $1,031,000 for the claimants, ou the mandate of the Supreme Court, in the suit of Marshall O. Roberts et al., determined on appeal during the last term by said court. Of the cases apparently pending, no action had been taken by the claimants in very many for a long time, and a motion was made by the Assistant Attorney-General, under the 34th rule of the court, to dismiss them for want of prosecution. It included 2,196 suits; and on the hear ing the motion was granted in 1,190 cases. There were also 1,217 cases dismissed on filing consent of claimants. The aggregate of claims thus disposed of was $13,138,686.42. The record of suits determined during the year in all ways, and not heretofore reported, appears to be as tollows: In judgment for claimants, 27 suits, recovery. $1, 152, 150 11 15, 560, 307 73 The estimate of my predecessor of the amount required for defense of the United States in the Court of Claims for the fiscal year ending June 30, 1877, was $30,000. Congress, however, appropriated but $25,000 for this purpose. Of the amount so appropriated there has been expended to this date the sum of $15,000. TERRITORIAL PRISONS AND PENITENTIARIES. I desire to repeat the suggestion of my predecessor that Congress take action in the matter of providing penitentiaries in the Territories where there are none, and repairing and adding to those in other Territories where the buildings are insecure and insufficient. The expense of transporting United States convicts from the Territories of New Mexico and Arizona to penitentiaries in the States is very great, and on the score of economy it is desirable that provision should be made in those Territories for the punishment of criminals sentenced therein. The penitentiary in Utah, which belongs to the United States, is in such a dilapidated and wretched condition as to necessitate a large monthly expense for extra guards to prevent the escape of the prisoners. Because of the unfitness and insecurity of this prison, United States convicts sentenced to imprisonment for a term of years are sent elsewhere; but territorial prisoners (for the reason that the Territory does not provide for the punishment of its criminals) are placed in this prison. It is in charge of the United States marshal. These prisoners must be guarded by him at great expense to the Government, as stated above. It is very clear that the prison building should be reconstructed and put in thorough repair, or its use as a place for the punishment of convicts be abandoned. OFFICERS OF THE COURTS IN THE DISTRICT OF COLUMBIA. I recommend that the district attorney of the District of Columbia, who is paid out of the judiciary fund, should be required by law to make his report to this Department, as all other United States district attorneys are required to do; and that a like provision be made for the clerks of the United States courts in the District of Columbia. INCREASE OF FORCE IN THE DEPARTMENT OF JUSTICE. The duties devolving upon this Department, which are numerous, responsible, and rapidly increasing, now require an increase of force. I recommend, therefore, that section 348 of the Revised Statutes be amended so as to provide for four Assistant Attorneys-General in place of the three now provided for in that section, at a salary of $5,000 each, to take effect immediately. The business of the office unquestionably requires it. I also recommend some addition to the clerical force of the office. LIBRARY OF THE DEPARTMENT OF JUSTICE. I also recommend an increased appropriation for the purchase of books for the library of this Department. It is of the first importance that the best means of investigating all the numerous and various questions of law which arise in this Department should be complete. A |