The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-30


from making careful examination of the sub
ject he never even read the petition.
taking ali these things together" says the
report 1T does not admit Of doubt that the
Solicitor-general acting as Attorney-gene
was by some means led to grant this application
without the usual reference or inquiry; without
any pretense or competent examination; with
unexampled speed, and in violation of the
practices of the department In an ordinary
case, such action would be held TO be positive
proof of fraud; at least proof of gross negli
gence, which, in person in his
position is equivalent to fraud. There
Is no reason why the rules should not
be applied here. It cannot be forgotten that this
request. granted in extraordinary and
becoming manner, was request in which the
head of the Department. of Justice. and Senator
Of the United States, who came in person to the
Solicitor general to inquire about it. and seem
ingly urged speed, and other government
officials, for years, had, and had VIGOROUSLY
had, vast pecuniary interest. Upon these facts.
one of which can be disputed, jury would
hesitate 1t is enough, however, to say, that II
cannot be tolerated that the business of the gov
ernment can be so conducted. 1t cannot escape
observation that Senator Harris and Mr. Casey
Young acted just would act IL already
assured of what was being asked; and that the
conduct of the Solicitor general Is most easily
accounted for on the assumption that he under
stood the matter in advance, and had predeter-
mined upon his course of action"
The report then recurs the subject of the
opinion furnished by the Attorney general. 1t
charges that it was written with view to deceive
people in the Southwest, and says that it was a
shrewd view; that the people so believed, but he
1.-THE Attorney generaD did not The report
goes on
1.-The best that can be said of him is that he
lent himself to this scheme because he got his
stock for nothing. If he not active in it
himself, he suffered his name and influence to be
used by Others He was then only Senator for
the United States. He was not placed at the
head of the Department of Justice. The man
from whom be had received the half million OF
atock wanted now to borrow the name of that
department and get its Endorsement; then
an ally asked for it; then the official rep
resentative of his company asked for 1t.
Some men would easily have found a course for
themselves. He took one, also; but his associates
who knew him and speculated on his character,
were certain they would get what they wanted
and they did His intelligence told him there
were two things he should not permit; and then
his vacllating will let him argue that he might
stand aside and his Office do them for his
benefit He had not the strength to deny what
his associates asked, nor to return the stock and
cease to be an associate; he had not the boldness
20 do personally what they thought fair
service for the stock he kept. But it was done
by his department as such a thing was never
done before The evidence is more aggressive
however, and the facts. according to ordinary
rules of law, direct and positive, and unless
controversial are conclusive proof that all ex
oarte government action. at least, was affected
by the influence of those interests or the knowl-
edge of them"
OF the results of the hearing before the Score
tary of the Interior. the report holds. that the
Secretarys conclusion was unwise, and that 1t
did not justify the action of the Department OF
Justice He might have awaited the conclusion
OF the New Orleans suit, and not have taken the
extraordinary step he did He was however,
but friendly adviser to the Department of Jus
tice, and the responsibility rests upon the head
of that department "There is good reason to
believe Gays the report. land we feel con
strained 10 find that, in our Judgment the pro-
ceedings would not have been asked or allowed,
as they were had it not been for the relations of
the Pan-electric Telephone Company with
government officials. and for the large
interests sa.a therein especially held by
tice. The plea is that the parties concerned
did not think they had done wrong 1t is not
enough that those personally interested, who
ought to have prevented it. say that they did
nothing. and meant to do nothing"
The report estimates the expense of the suit,
If tried on its merits, at not less than $500 900
Mr.. Hale, of Missouri, makes minority report,
In which he says that, while he concurs in many
Of the statements and conclusions of that portion
Of the committee represented by Chairman
Boyle, yet he cannot concur in everything il
contains Touching the formation OF the Pan
electric company, the evidence shows conclus-
lively, says Mr. Hale, that it was purely specu-
lative adventure. aud there Is no evidence to be
found tending TO prove that the gentlemen con-
nected with the Rogerses ever anticipated or in
tended that their official positions would or
should be used in any way to affect legislation,
or otherwise to further or advance their enter
prise. 1t is not believed that the immense mass
of testimony will show that there was anything
In the object, motive or intent OF any of the gen.
tlemen which was in any sense immoral. dishon-
est or inconsistent with the duties of public men
or citizens. AS TO the opinion Of Attorney gen.
srai Garland, 1t IS held by Mr.. Hale that IL was
like that of any other attorney employed by an
individual. 1t does not appear that it was in
tended to further sales of stock without disclos-
that any person was deceived or
misled by it. The report finds
hat the Presidents order dismissing the Mem
his suit was eminently proper. but at the same
me it is said that there is no evidence even
rnding to show that the Solicitor general was
tuated by any impure or unworthy motives,
If It be held that he was mistaken as to
>me OF the legal questions involved. His mis-
AXE in ordering the suit without reference to
the Interior Department was one which the
ablest and most conscientious officials might
make, and doubtless have made. AS to the
Attorney generals connection with the sut, Mr..
Hale finds that the evidence is overwhelming
and conclusive in showing that he had nothing
whatever to do with it. As to the conclusions
reached by the Department of the Interior,
which formed the basis OF the order for the Co
lumbus suit, Mr.. Hale holds that il would seem
impertinent, and not within the scope of the in
VeStigation, for the committee to express
amy opinion, but the public demand
should be very strong and emphatic,
and the public interests very great to
justify the institution of suit likely to cost so
large sum, especially when the results are
attended with so much uncertainty, and when it
appears that the application was made by rival
companies In the absence of any general public
Interest 1t is also remarked that the govern
ment has not been secured against costs by the
petitioners, as is customary in such cases.
COBB AND LAIRD.