The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-06-08

profits from his fraudulent practices.
Ia The case Of one retailer IN Chi
cago who was recently apprehended
for Illegally selling oieomargarine,
the internal revenue collector sim
ply called him up. secured from hin
an offer 10 compromise. and for
warded this offer TO Washington for
approval Of the treasury depart
ment II the offer Is accepted ha
Will suffer no further Inconvenience
from this case. and the public will
be none the wiser. His case will not
serve as an example for other Of
tenders. II will be necessary for
the prosecutors to hunt up indlyld-
ual cases and prosecute each separ-
ately.
The Star puts II very pointedly
and very Justly In an editorial Of
some length. In which II says: There
IL grave doubt whether the principle
OF compromise. as applied 10 criminal
cases. operates 10 the advantage Of
the community by the diseouraging OF
crime. II has even been asserted by
some observers that compromises tend
to foster daring operations In defiance
OF the law. especially when no ques-
ton exists as to guilt and conviction
Is within reach. In the case Of the
pending oleomargarlne prosecutions
the officials Of the internal revenue
bureau acknowledge that they are
now considering tho advisablllty Of
accepting an offer made by the al
legged ylolaters OF the law prohibit
ing the sale as butter Of limitations
OF that product, who propose 10 pay
a heavy sum In consideration OF the
dropping Of the cases against them.
This method Of settling proceedings
under the law IL permitted by the
statutes, and involves no impeach-
ment OF personal integrity. but Il is
serious question whether the best
purposes OF the Law are furthered
by acqulescence In such suggestions.
The chief purpose OF the penalties
provided by the law is not TO mulct
the offenders 20 the enrichment OF the
treasury. but 10 discourage further vio-
lations. The people Of the district and
others who suffer from the operations
OF these dealers In limitations Of butter.
who persist In marketing their prod
ucts as the genuine article. are not
concerned In the leas, In the state Of
the fraud fund" Of the internal rev.
enue oflce. into which these eompro-
mise payments are paid. but they are
deeply interested In the success OF the
efforts 10 stamp out the frauds. and 10
this end they hope 70 see the law re-
lentlessly applied and the Just penal.
ties incurred eKaeted to the letter when
convictions are obtained. An offender
who Is confident OF securing an acquit-
tai will not generally offer 10 compro-
mise and such an ofior may be taken
as fairly good evidence that he fears
conviction. II he anticipates beneai
from the lack OF positive proof or from
the interference OF some technlcallty
he will save his funds and defy the OF.
hcers OF the law 10 prosecute him. III,
offer 10 pay a large sum. even wher
more IN amount than the hne that
would be imposed n case Of convie.
ton. would not serve the full pur.
poses Of the law. which also calls foi
a term OF imprisonment Il Is thli
latter mode Of punishment which /.
most likely 10 deter an oyll-docr from
a repetition Of his crime. The moneJ
fne may only be partially representa-.
tive OF the profits OF the Illegal prac
tice 40 which the law aims. and
system Of fines without Imprisonment
would practically amount 10 liconslns
a fraudulent business Tho imprlson.
mcut Is dreaded by ylolators. ana a.
long as there is the least opportunity
20 secure conviction which viii result
IN the application OF this penalty All
offers Of compromise should be reject.
I Cd. n. however. there should b,
/ enough doubt Of success IN case Of &C
| tive prosecution TO warrant the accent
ance % a compromise oncr. the On,
enacted In this way should BE- larr,
enough TO put a heavy premium o.
good behavior In the future"
This compromise" feature OF n,
internal revenue law Is one OF n,
greatest obstacles In the way Of en-
forcing the oleomarsarine act
]