The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1897-07-03
a Pecnllar Prnctioo.


test against the practice of the
treasury department compromising
cieo prosecutions. says Chicago Pro-
duce. It Is the practice Of the govern
ment Ofhcials when a dealer is ar.
rested for violating the internal rev.
ehue laws, to give him every oppor-
UNITY to pay his fine and escape
prosecution, thus making his oftenss
uisagreeable to him in no way ex.
cept In the loss Of a certain amount
OF money, the aggregate Of which
may not be as great as one months
pronts from his fraudulent practices.
In the case Of one retailer in Chi
cago who was recently apprehended
Ior Illegally selling oleOmargarine,
the internal revenue collector sim.
ply called him up. secured from him
am oner to compromise, and for
Warded this offer to washington for
approval of the treasury depart
ment. If the offer is accepted he
VIII suffer no further Inconvenience
from this case, and the public will
DC none the wiser. His case will not
serve as an example for other Of
renders. 1t will be necessary, for
the prosecutors to hunt up individ-
ual cases and prosecute each separ-
ately.
Inc Star puts it very pointedly
ana very justly in an editorial Of
some length, in which it says: "There
Is grave doubt whether the principle
OF compromise, as applied to criminal
cases, operates to the advantage Of
the community by the discouraging Of
crime. 1t has even been asserted by
some observers that compromises tend
70 foster daring operations in defiance
OF the law, especially when no Ques-
tion exists as to guilt and conviction
Is within reach. In the case Of the
pending oleomargarine prosecutions
the officials of the internal revenue
bureau acknowledge that they are
now considering the advisability of
accepting an offer made by the al
legged Violaters Of the law prohibit
ing the sale as butter of limitations
OF that product, who propose to pay
heavy sum in consideration of the
dropping of the cases against them.
This method Of settling proceedings
under the law is permitted by the
statutes, and involves no impeach-
ment OF personal integrity, but it is
serious question whether the best
purposes Of the law are furthered
by acquiescence in such suggestions.
The chief purpose of the penalties
provided by the law is not to mulct
the offenders to the enrichment of the
treasury, but to discourage further VIC
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 least in the state Of
the fraud fund" of the internal rev.
enue office. into which these compro-
mise payments are paid, but they are
deeply interested in the success of the
Efforts to stamp out the frauds, and to
this end they hope to see the law re-
lentlessly applied and the Just penal
ties incurred exacted to the letter when
convictions are obtained. An offender
who is confident of securing an acuuit-
Cal will not generally offer to compro-
mise and such an offer may be taken
as fairly good evidence that he fears
conviction. II he anticipates benefit
from the lack of positive proof or from
the interference Of some technically,
he will save his funds and defy the of.
hcers Of the law to prosecute him, His
offer to pay a large sum, even whom
more in amount than the fino that
would be imposed in case of conyic-
ton, would not serve the full pur.
poses Of the law, which also calls for
a term Of imprisonment. It il this
latter mode Of punishment which IL
most likely to deter an evil-doer from
a repetition Of his crime. The money
fine may only be partially representa-
tive of the profits Of the illegal Drac-
tice at which the law aims, and 4 |
system of fines without imprisonment
would practically amount to licensing
a fraudulent business. The imprison-
ment is dreaded by violators. and as
long as there is the least opportunity
to secure conviction which will result |
In the application Of this penalty ali |
offers Of compromise should be reject. |
I'd. If, however, there should be
enough doubt of success in case Of &C
i've prosecution to warrant the accent
ance Of a compromise ofGer, the tins
sxacted in this way should be large
enough to put q heavy premium o.
good behavior in the future"
This Compromise" feature Of the
internal revenue Law IL one Of the
greatest obstacles in the way Of en-,
.orelng the oie6parEarine act.