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6
The Commoner.
VOLUME 3, NUMBER H
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N
ONE OP THE MOST INTERESTING CASES
in our now possessions relates to the charge
of smuggling brought against officers of the United
States navy and other prominent men. An Asso
ciated press dispatch from San Juan, P. It., under
date of April 14, said that District Attorney Pit
tlngill had received from the department of jus
tice in Washington instructions not to present
information concerning tho alleged smuggling to
the grand jury. Tho press and natives of Porto
Rico havo demanded an investigation and on tho
afternoon of April 14, tho grand jury appeared
in court and tho foreman addressing tho judge,
said: "It has como to our knowlodge that cer
tain cases of smuggling have occurred. Wo havo
asked tho district attorney about tho matter and
ho refused to bring up tho matter, alleging that
ho had rccoived certain instructions. Wo now
ask tho judge if wo have a right to information
In spite of tho district attorney's refusal."
rl-IE TESTIMONY REGARDING THESE
smuggling cases, according to tho Asso
ciated press dispatch, points to a dozen promi
nent officials of tho navy, army, and insular gov
ernment and citizens being implicated in tho
charges. Roplying to tho grand jury foreman's
statement, Judge Holt delivered in writing the
following chargo: "When you were empanelled
at tho beginning of tho term you swore that you
would mako a diligent inquiry into, and a true
presentment mako, of such matters given to yci
or which might otherwise como to your knowl
edge touching violations of the statutos of tho
Unltod States and that you would mako no pre
sentment through envy, tiatred, favor, affection or
roward or through hope thereof. You could not,
if you desired, escape from tho obligations of your
oath by heeding tho instructions of any one.Tho
honored president of tho United States could par
don but ho could not interfere. If you beliovo
any one has given instructions tending to pre
vent tho fullest investigation into the commission
of a crime In tho United States and tho return
of an indictment if tho evidence so warrants, then
you should be inspired by an additional determi
nation to do your duty. The court has knowledge
of tho instructions to which tho district attorney
alludes. It is proper to say that it is my opinion
that there has been no intention of encroaching
upon your sworn duty."
THE PORTO RICAN SMUGCLING CASES
aroused new interest, by tho dispatches
from Washington under date of April 15. Tho
Associated press said that on April 15 tho depart
ment of justice sent to the United States attor
ney at San Juan the following instruction: "Your
duty is to obey my instructions to dismiss tho
ponding smuggling cases and present no now cases
until otherwise dirocted. Considerations of mo
ment, not confined to Porto Rico or tho individ
uals involved have moved tho administration,
a m l instigation, to toko this course
which will bo adhered to. But if tho judge calls
upon you or tho court requests, you will perform
your usual functions before tho grand jury. Tho
fact that tho government may not or will not
prosecute if indictments are found does not pre
vont consideration by tho grand jury."
TT WAS GENERALLY REGARDED AS
A, strango that the department of justico whilo
?i8!ng.,th0, U,nited Stntea attorney in Porto Rico
that if the judge called upon him to perform his
duty, ho should do so, should intimate that
the government might not prosecute if indict
ments were found. In tho effort to meet criti
cism growing out of these facts, tho department
&Ju8,Uc? later issued the following statement-
3vifaCtS m0 that. ? treasury apartment apl
proved a settlement in one of tho cases on tha
basis of relief from criminal liability upon pay-
ment of a fine equal to double tho amount of du-
Ke u Inductions to this effect were given to the
?nrLte5Ste? aUOrny 5l San JUa y tho SHd!
tors of the treasury. Ho asked for confirmation
of this -instruction and tho matter ' ?aa broS
SS2J Vj. when the president directed
Secretory; Moody and Postmaster General -Payne
n4
Tha rn.ri. " ir recommendation.
Thia recommendation was that all criminal prol
ceedings should bo dismissed and discontinued
upon tho payment of the civil obligation, as above
indicated. In accordance with this recommenda
tion the attorney general directed tho United
States attorney for Porto Rico to dismiss pending
cases and to present no more cases to tho grand
jury until he was otherwise instructed. The cases
involve certain officers of the army and navy and
certain civilian employes of the government of
Porto Rico."
THE GOVERNMENT'S STRANGE ACTION IN
tho Porto Rican smuggling cases seems to
call for considerable explanation and so Post
master General Payne has taken a hand and has
issued the following explanation: "These cases
woro called to the attention of tho cabinet be
cause they involved officers of the army and navy,
and at tho request of the attorney general the
secretory of the navy and the postmaster gen
eral, who wore about to visit Porto Rico, were
asked to make a personal investigation Into the
facts of the case. It seems that certain officers
had brought to San Juan articles for personal use
which were subject to customs duties, especially
cigars and some liquors, and it was said that a
present of some of the cigars was made to a local
club in San Juan. There was no charge of im
porting anything upon which it was proposed to
make money or to sell for profit, simply personal
effects for personal use, some of which, it seems,
were given away. We were advised by the secre
tary of the treasury, such cases coming under
his jurisdiction, that in cases of this character,
where there was no intention to import for profit,
meaning by that where goods were not brought
in for sale, it is customary not to prosecute crim
inally, but to settle such cases by the payment of
the penalty. This was done in this case and the
officer or officers in question have paid the penalty
imposed by tho treasury department. A settle
ment on this basis having been approved by the
secretory of tho treasury it seemed to the secre
tary of the navy and to the postmaster general
that criminal prosecution would be persecution,
and we felt entirely justified in recommending that'
no further action bo taken."
IN SPITE OF THE ATTITUDE TAKEN BY
the representatives of the administration,
at Washington, it is announced from San Juan
under dato of April 15, that the grand jury is to
proceed with the cases and inasmuch as a native
of Porto Rico was recently punished by a fine
and Imprisonment for a similar offense, there is
among the native population a strong determina
tion that the smuggling cases shall be pushed
against these influential offenders.
THE RECENT DEATH OF SIR CHARLES ED
wln Ishan directs attention to the famous
rock garden of Lamport, Northamptonshire, of
which garden ho was the creator. The London
correspondent of the New York Herald says that
the construction of this liliputian fairy land of
fancy required half a century's work, and re
ferring to the creator of this strange enterprise
th s correspondent says: "Ho took a space meas
uring ninety feet by thirty-seven feet and rising
at tho summit to thirty-four feet, and out of
It carved caves, hollows, caverns, grottoes and
quarries where pigmy miners delved. Softest ver
dure upholsters the rocks, rare flowers trim tho
ledges, and from tho crevices of miniature bowld
ers century old trees send their wizened trunks,
rno baronets grottoed conceit was not without
a touch of humor, in some rocky recesses man
nlkin miners two or three inches high lounged
in various attitudes against inscriptions demand
ing, eight hours' sleep, eight hours' play, eight
hours' work, eight hours' pay."
JO ac
ACTING UNDER THE AUTHORITY GIVEN
the governor of New Jersey to dissolve cor
porations which are in arrears in the state tax
for two years, Governor Murphy recently Issued a
proclamation destroying 927 New Jersey corpora
tions. The aggregate capital of these concerns on
paper Is $240 000,000. The charters thus annulled
by the Now Jersey governor ore Jargely, held by
companies--whose prompters .were 'unsuccessful'ln
completing their scheme. It. is .further' reported '
that aside from tho corporations whoso charters
were annulled by the governor, during the year
ending April 1, 1903, receivers were appointed for
127. corporations having a capital stock of $274,-
IMMEDIATELY FOLLOWING THE DECISION
of the United States court of appeals in tho
Northern Securities merger case,-'came the an
nouncement that United States Assistant Attor
ney General James M. Beck, who had taken tho
leading part in presenting to the court. the case
for the government, had resigned and would be
come associated with a firm of New York lawyers.
The New York correspondent of the Cincinnati
Enquirer says that the law Urm with Which Mr.
Beck will become associated has a reputation of
"successes as a combination constructing and ad
vising firm, personifying from the professional
point of view the tendency toward merger and
suppression of competition." This correspondent
says: "It is all a matter of inference," but it Is a
fair presumption that the experience, tact, cour
age, learning and ability which wero revealed by
Mr. Beck in the preparation of the lottery and tho
Northern Securities cases were just the qualities
which this leading firm of corporation lawyers of
New York were anxious to secure, so that they
might strengthen themselves. Mr. Beck reaches
New York In nappy realization of an ambition
long held as so many others who are of high
influence in commercial and financial affairs
have done, by way of the training school which
service under the United States government
makes possible. And it would not be venturing
too far-fetched a guess if it were to be predicted
that possibly before the Northern Securities case
had been finally determined by the supreme court
Mr. Beck might be found professionally defend
ing in other cases the principle which he pro
fessionally attacked, hut as a. servant 'of the
federal government, in the Northern Securities
case."
A
AN ODD RULE IN FORCE IN THE UNITED
States supreme court is referred to by the
Washington correspondent of the Indianapolis
Sentinel in this way: "One of the traditions of
the court prevents newspaper correspondents from
attending the sessions of the court in their pro
fessional capacity. Provision is made for a rep
resentative of each of the great press associa
tions, but the correspondents have to push and
crowd in behind the rear railing with the hun
dreds of other spectators. Usually they have to
stand up, and If they are seen taking notes an
attendant escorts them to the door. The result
IB that the 200 or more correspondents have to
depend on their memory for their reports of pro
ceedings in the supreme court room."
ENGLAND, SCOTLAND, AND WALES ARE
losing many people these days in order '.3
provide population for the Canadian northwest
.t tI1.,11 a ,party of 1'904 immigrants arrived
f J" Wand. It is said that each family
52hn V6??1 ?2'500 in casb' Speaking to the St.
w ' ' "Pondent of the Chicago Chron
b?5 twennlGeorge Lloyd' e of the leaders,
Xni? ?',000 more En&lish. Scotch and Welr-i
SinXfi. . co,me t0 Canada next March. "Tho
t Si LSunPr' usaId Mr- L1yd "is beQS stirred
erf i? 2tof by he wonderful possibilities afford
estnvS?' and In the next few yeais the great
mencfi ?wfT,er Asee in Brish history will com-
?Mn 'HAff1? UndGr date of nttl
nf.fi ' ?rH n t0 th Chronicle, says: "Im
SCf110"168 nave had to appeal to tho
The JnfL!ent,S In,whi to house new settlers,
offered ?o.?,mI1,lt,B at once acquiesced and
lesHhan 2 nSnni?M a11 the tents necessary. ' Not
wm at lit L thQ ordinary sized military tents
ToroSto oie0f0rwadTedfrom Pttawa, Kingston,
loronto, Quebec and Halifax."
BRS T?0 GLADSTONE HAS
that otBoJtlaJn Westminster Abbey near
tot for tS Wld' d tne Londn correspon
ded in h3 ChiClG XWB.tift V
the end otiSainSL;!?6 eat commoner' of
E'lITT-f. '.' TB