Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-09-24
IMMUNITY FOR CRIME.

IMMUNITY FOR CRIME.
"The way of the transgressor is hard -
said Solomon, who was once reputed to be
the wisest of men. But Solomon lived in
olden times, when it was the habit of rulers
to visit punishment upon evil doors. Had
he lived in the present age he might have
reversed the proverb with strict regard for
the truth, for since his days there has been
a very perceptible improvement in the man
ner of administering justice.
A case in point may be instanced. It will
be remembered that several months ago the
National bank of Missouri, located at st.
Louis, failed, and an exposition of its affairs
showed that the president and directors had
borrowed several millions of dollars from
the deposits, leaving only their own worth
less notes as security. The books had been
systematically falsifed, so that at
each visit of the bank examiner
everything appeared to be in~ ap-
ple-pie order. The statements pub
ing law were also falsi6ed, and until the COL
lapse of the bank the public regarded it as
one of the strongest financial institutions of
the country. The revelation of its insol-
yency was surprise to the whole country;
while thousands of depositors were fnan-
cially ruined by it. Indictments we're found
against the officers of the bank in the State
courts, but as yet none of them have been
brought to trial, and it now transpires that
these indictments will not be allowed to hold.
It is claimed by the attorneys for the crimi-
nais that they have violated federal instead
of a State law, md If they are to he tried at
oil they must be tried by the federal courts.
Their offense was against the national bank
ing law, and the United States courts have
the first right to vindicate that law and to
punish those who have violated it, while the
abandoned.
Technically this plea or subterfuge is cor
rect, and by using it there is an excellent
prospect of the escape of the criminals from
Judges of the district aud circuit in which
the bank was located, refuse to try the case
on one pretext or another. One is sick;
another has more than he can attend to-,
while third is party in interest, having
been created trustee for deposition. The
only person whom those in interest can hope
to prevail upon to sit upon the case is the
successor of Judge Dillon, who has not yet
been appointed, and cannot be confirmed
sooner than January next. The consequence
will be that the persons guilty of so great a
crime as the robbery of thousands of per-
sons who had entrusted their money to their
care will not be punished by even the de-
privation of liberty for short time. for it
is not on record that federal court has ever
punished q wealthy criminal to an extent
commensurate with his desserts.
There are numerous Instances of this lax
ity of justice in the federal courts. B. F.
Allen, of Chicago and Des Moines, is not
able example. He was reputed to be the
wealthiest in the Northwest, and for
years conducted national banks in both of
the places mentioned, besides having a pri-
vate bank in New York. When he collapsed
it was found that he had never had five
thousand dollars of his. own money invested
in either institution, but had used the funds
of depositors with which to buy stock and
speculate. He had, however, expended a
million dollars in home at Des Nome and
quarter of million in home at Chicago,
both of which he still retains and enioys,
besides quarter of million in horses,
carriages and other luxuries. He was in
dicted under the national banking law, but
has never been punished The only incon-
venience to which he has been subjected has
been the employment of second rate law
yer, who has convinced the court that the
indictments we're defective and that they
must be dismissed. In New York, Boston.
and Chicago there have been numerous par
allel cases, but not a single conviction. The
st. Louis defalcations prom Use to result in
like manner.
There is case nearer home, however, that
promises to take the same course. 1t ap-
pears that Keen, the assistant cashier of the
Northwestern National bank of Minneapolis,
who stole hundred and thirty-seven thou
sand dollars, has committed no offense for
which he ia amenable to the State courts.
He can only be called to account in the
federal courts and to that jurisdiction he
is to be committed. The law, however, has
been pronounced defective by such jurists as
Judge Drummond, Judge Harlan and others,
and no punishment aside from nominal
fine of less than five thousand dollars can
legally be inflicted. The imprisonment
clause of the law, ranging from five to ten
years for making false entries, ETC., is of no
binding effect, and cannot be enforced. It
is, therefore, assured that as sooa as the
courts assemble and the case comes to q
hearing, MIR. Keen will be allowed to 60 at
liberty, as free as the mountain air, and
those whom he has defrauded will have no
recourse whatever. The way of the trans
gressor is not very hard