The evening times., 1900-07-26

Immediats action was taken by Secretary
Root this morning on the report OF Fourth
Assistant Postmaster General Bris,ow OF
his investigation Of the Cuban postal
frauds. Al Of the officials implicated are
TO be brought 10 trial. II is probable that
all viii be il custody by tomorrow This
viii include the arrest OF ex-Director Gen
eral RathboGe- Orders for his arrest have
already been sent 20 Havana and 1t is
thought By War Department officials that
he viii be arrested today. He viii b
treated with 10 more consideration than
the others now in Jail.
The Army officers who have been inter
ested in the Investigation Of the frauds
are coz graduating themselves that Rath-
bone did not escape. II has been their
opinion from the beginning that he was as
guilty Is Neely. and at no time has he
been free OF surveillance since the inyes-
tigation began. He will probably be tried
on two charges, one Of converting public
moaeys to his own uses. and another OF
being responsible for the other pecuIations.
The section OF the penal code on which
this charge viii be based is as follows:
Article 4C2- The public official who,
through iueKcusable abandonment OF neg
isence should enable the pecuiation Of
public funds o. property. By another per-
son, shall incur the penalty Of a fine
equivalent to the value CT the money or
property missPpropTiated.
Article 4Cs. Tie Cficial who, TO the
detrimcnt CT hiudrarce Of the public serv-
ice. shall apply to his own or 10 foreign
purposes the money or property placed
under his charge shall be punished with
the penalties OF temporary special d-squaIi-
fcation and q fine Of from 20 20 80 per
cent OF the amount diverted II such IN
lawful use Of the funds were without det-
rimenj 20 or hfEdrance Of the public sery-
ice. he shall incur the penalties OF suspen-
sicn and a fine OF from . 70 p per cent OF
the amount diverted"
The postal officials here. having secured
the facts proving the part taken by RGth-
bone and his fellows in Iooting the -eve-
nues. say they have done ali that they can
DO. The American postal laws DO not ex-
tend 70 Cuba and il follows that the thieves
cannot be tried under cur laws.
Postmaster General Smith does not be-
lieve he can push the prosecution Of the
offenders except by laying the facts before
the War Department. which is supreme in
Cuba In forwarding the report Of General
BristOw to Secretary Root. Postmaster
General Smith pointed out the specific
crimes laid at Rathbone's door.
It is understood that he personally favors
prosecuting Rathboae On . elm nal charge.
as well as prosecuting NeeIy. Mr.. Smith,
however. Wiu rot make any public state
meEt as to his inclinaticls. He says that
the matter is now in the hands Of the War
Department and Of the Department Of JUS
tice, which VIII 30 whatever is doze n
prosecuting the late Director Of Pos-s-
Il is uncertain what course will be taken
in the punishmment Of Rathbone. Ee is
now a virtual prisoner on the fsIa-d, and
is held there under orders Of G5ne al
Wood. He is considered a necess .ry VT
ness against NeeIy. and would be detai-ei
on that account. even we're he not to be
arrested for the e1o5 zzieme1ts with which
he himself IS charged
NeeIy is now in the Ludlow Street Jail
in New York. The requisitIon for his re-
mOval to Cuba TO stand trial has been
signed by Governor Roosevelt, but his at
tOrneys have been playing for time in or
der TO delay his extradition. They declare
that no crime has been committed. Their
appeal against his being delivered into the
custody OF military officials Of the island
viii be argued in the New York courts on
August 2
While Nelly got away altogether with
SlSo.eoo, it is expected that the net loss
to the Government will be about 81, 900.
He was bonded with the Fidelity and De-
POsit Company of Maryland for $50. coo and
the company has offered TO pay that
amount in full In addition 5000 was
found on his person when he was arrested,
and he put up a S20, coo cash bond in order
to secure his temporary liberty. Both Of
those amounts have been secured by the
Government in or-er TO offset his s;ealings.
II is believed that Major Rathbone got
away altogether with between $5,OGO and
$4,000. That amount includes the 81. 600
cash for which Ge cannot account, and the
sums spent by him in living expenses and
the maintenance Of his princely establish
ment- All Of his bills. which have been
disallCwed, will be charged against him
and suit brought. It is not believed that
he would Be able to pay judgments Of that
extent, and then the Government would
have recourse 10 his bond. The Fidelity
Company Of Maryland is Rathbone's surety
for $4,000. and that sum, it is expected,
would more than cover all his shortage.
Upton COmPIin ents America.
GREENOCK, July 2s-sir Thomas Lip