Amos T. Akerman to A. H. Cragin, 14 December 1871

Dec. 14, 1871. Hon. A. H. Cragin, U.S. Senate. Sir: I enclose the copy of a letter just received from Mr. Bates the newly appointed District Attorney of Utah, and call your special attention to the remarks upon the subject of funds for the payment of witnesses and jurors. I understand the difficulty to be this: The Judges of Utah have decided that prosecutions under Territorial law are to be conducted by the U.S. District Attorney, and the processes are to be enforced by the U.S. Marshal, and not by the Territorial officers. And the Territorial Legislature has therefore refused to appropriate funds for paying jurors and witnesses, or for the other expenses of the courts. The usage has been in the past for the United States to bear the expense of prosecutions for violations of the laws of the U.S. and the Territorial Treasury to bear the other expenses of holding the Courts. I am informed that the prosecutions against Young and others are under the Territorial laws. Very respectfully, &c. A. T. Akerman, Attorney General.