The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-02
THE PUNISHMENT OF OFFICIAL
CORRUPTION.


Bristow investigating committee the Presi-
dent said: II heartily approve of the
recommendation of Messrs. Conrad and
Bonaparte that the statute of limitations
be extended in the case Of government
servants to period OF at least five years;
for the persons who in such positions of
trust engage in corrupt practices can ordi-
narily conceal their guilt for longer time
than is covered by the present short statute
Of limitations" The attorney general has
recommended change of the law in his re-
port to Congress. and it will probably be
made.
1t is a question whether there should be
any statute of limitations against the right
of the government to punish frauds. AT
common law there was no such bar, even
among individuals. 1t is a maxim of the
common law that right never dies, and,
as far as contracts were concerned. there
was no time of limitation to actions on
such contracts. This rule, however, was
found to encourage injustice in bringing
| suits long after the cause of action had
arisen. and it was finally changed in Eng
land by statutes which were followed In
| this country. Now, all of the States have
| laws limiting the time in which various
| proceedings may be instituted or crimes
punished. The theory of such legislation is
that as the investigation of controversies
becomes more difficult with the lapse Of
time, and that long delay to sue may imply
either that satisfaction has been received
or that all claim is abandoned, and as 1t Is
vexatious to revive stale claims the law
allows fixed periods. varying with the griev-
ance, within which. IL at all, claimant
must apply to the courts.
Such a rule may be wise and just as be-
| tween individuals. but 1t is Of doubtful wis
| dom as applied to the government. Frauds
against the government are the worst form
of crime. They should never be condoned
nor the right Of the government to punish
the offenders surrendered. AS President
| Roosevelt says In his memorandum: mo
| crime calls for sterner reprobation than
the crime of the corruptionist in public
| life" The laws Of the United States define
nearly every form of fraud against the
4
but the statute of limitations runs in all
such cases. Section 1916 of the Revised
Statutes says that mo person shall be
| prosecuted, tried or punished for any crime
arising under the revenue laws unless the
indictment is found within five years next
after the committing of such crime" and
Section 1044 says, mo person shall be
prosecuted, tried or punished for any Of
| Tense, except as provided in Section 1o46,
unless the indictment is found within three
years next after such offense shall have
been committed" This section covers all
| violations of the postal laws.
The Bristow report shows that some of
the frauds which it exposes began ten years
ago, but under the section last above
quoted only those perpetrated within the
last three years furnish a basis for prose
cution of the offenders The rest are barred
by the statute. 1t is difficult to on
what principle of justice there should be
any limitation Of time against the govern
ment prosecuting those who have defraud-
ed it. The statute of limitations is, in a
sense, an encouragement to government Of
ficials to perpetrate frauds. as 1t gives as
surance that If they can cover their tracks
SO as to escape exposure for three years
they will be safe from prosecution. The ex-
tension Of the time to five years, as recon-
mended by the President and the attorney
general, will be an Improvement, but better
still would be a repeal of the statute OF
limitations. No lapse of time should pre-
vent the government from prosecuting ant
Furnishing a person who has defrauded it.