Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-19
Joseph Wilkins and Howard Butler
Must Serve Their Sentences.
ATTORNEY GENERAL GRIGGg OPINION
He Quotes From the Records Of
the internal Revenue Bureau.
THE STAR sUBsTANTIATED

Ter for pardon. The men, as well known,
| were convinced of fragrant violation of
the oleomargarine laws, and sentenced in
the United States district court at Phila-
delphia, March II, 1898, the former to inn
prisonment for six months and to pay fine
of 81 800 and costs. and the latter imprison-
ment to four months and to pay a fine of
$500 and costs. After exhausting all legal
efforts to secure immunity for punishment
the men were committed in November last
to Moyamensing prison, Philadelphia. to
serve out their sentences. Immediate meas
| ures We're taken by the powerful influences
which are exerted by those engaged in the
manufacture of and traffic in oleomargarine
to secure pardon for the men, and several
attorneys, including Messrs. jeremiah NJ.
Wilson and Henry E. Davis of this city,
were engaged to submit arguments in be-
half of favorable consideration Of an
appeal for executive clemency. The Even
ing Star upon learning of this movement
published articles describing the persistent
manner in which the oleomargarine laws
had been violated by Wilkins and storm
of protest arose all over the country from
agriculturists and dairymen against the
granting of pardon to the offenders.
The Evening Star Substantiated.
Attorney General Griggs took the matter
under advisement, and his decision in
the case, upon which the President based
his action, will be found to substantiate
every word The Evening Star has pub
lished regarding the manner in which VIII
kns had been for years permitted to con-
tinue his violations of the oeomargarine
laws by paying money into the office of the
internal revenue in the shape of compro
misses. The Attorney Generals decision in
full is as follows:
The petitioners, Joseph Wilkins and
Howard Butler. were convicted of fraudu-
lently removing labels from packages con-
tanning oleomargarine, in violation of the
act of August 2, 1856. and We're sentenced
| on March II. 1885, as to Wilkins, to i'm
prisonment for six months and to pay
fine of 81 800 and costs, and. to Butler,
to Imprisonment for four months and to
pay fine of $500 and costs.
THE Judgment of the district court was
subsequently affirmed in the Circuit Court
of Appeals, to which it was taken by the
defendants, and an application subsequent
ly made to the Supreme Court for a writ
of certiorar denied. Thereupon, in
November last, the petitioners We're COM
mitted to serve their sentences of imprison-
ment.
Grounds for the Application.
THE grounds of the application for
pardon as to Joseph Wilkins are that he
has a wife and child, and that each of the
prisoners is of good reputation and stand
ing and has never been convicted of any
other crime. They request, in view of the
humiliation and disgrace already suffered
by them, well of the heavy fines i'm
posed. and in view of their good reputation
and standing in the community, and Of the
fact that no revenue has been lost to the
government, that that portion of the SEN
tence providing for Imprisonment be re-
mitted.
Internal Revenue Records.
The records Of the office of internal
revenue show that Wilkins has been a per-
sistent violator of the oleomargarine laws,
and that prior to the present prosecution
he has escaped punishment by means of
money payments in compromise. The rec
ords show that on December IA, 1898, Will
kins filed a proposition to pay S2,1O0 and
costs in compromise of all liabilities, civil
and criminal, incurred in the first district of
Illinois, for selling oleomargarine as butter
and by violating various sections of the law
relating to wholesale dealers in oleomar-
garine. This offer was accepted December
90 1893.
April 4, 1895, less than a year and a
half after the last settlement, Wilkins
again filed an offer of compromise agree
ing to pay $1,000 in settlement of his la
b!lltieS for alleged frauds under the oleo-
margarine law committed in connection
with a firm in West Virginia. This offer
was also accepted.
The Reform School Case.
"A year later, April 2, 1896. Wilkins was
indicted with another in the District of
Columbia for selling unstamped oleomar-
garine. On June 20, 1896, he offered to pay
$1,000 in compromise, but this being re-
jected, the case went to trial and the ac-
cused was acquitted. There are three sep
arate indictments against him pending now
In the District of Columbia for selling oleo-
margarine In unstamped packages. These
indictments were found January 4, 1897
The offense of which the petitioners are
now convicted was committed December
70 1876, two days after the verdict of ac-
quittal in the trial in the District of CO.
lumbia- The petitioners were discovered by
a revenue agent In the act of scraping off
the stamps marks and brands from pack
ages of oleomargarine.
IN connection with the present case an
offer to pay 5000 and costs in compro-
mise was made but rejected February %.
1888, and thereupon the case went TO trial
with the result above stated.
wilkins Self-Convicted.
1T is obvious that the business in which
Wilkins was engaged must have been one
of great profit, otherwise he could not
have afforded to make the very large pay
ments in compromise which he did made or
offered to make. That he was aware of the
fraudulent and dishonorable nature of the
business in which he was persstently en-
gagged appears from his own statement
made in a letter addressed to the commits
sic ner of internal revenue, October 81, 1898,
from which l quote the following:
Having a thorough knowledge of the
butterine business, and knowing the pos
sibilities of that business, if worked in
certain directions and ways, 1 determined
to try it, having the desire to make large
gains quick. After 1 found that
some of my goods had been seized in Gin
cinnati, settled up my business as quick
ly as possible, and did not ship any more
1 came to you voluntarily not being able
to hold it any longer, and sincerely trust
you will deal with me as leniently as the
law will allow you, promising you faith
fully that no such thing as this will ever
occur again with me, and If am allowed
to make request, 1 ask that 1 be al
lowed to settle without having the western
houses know anything Of my doings, be-
cause I know it was very dishonorable in
me to do as l have done, and If I am al
lowed to go along in life without the pub
lie knowing of my misdeeds, then 1 feel
sure that !! can make a new start in some
way that is entirely honorable. 1 realize
full well that l could have in some way
kept away from the hands of the law, but
to do this would mean the staying away
from home and relatives, and above all
the constant strain on my mind. and with
the sense that had done a great wrong
L could not stand IT TruStiOp that yo,,