The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-04-16
SCANDAL is To
BE HUSHED UP
Government win Not Prosecute
Army and Navy Smugg.srs.
PROSECUTION CALLED OFF
A
STATEMENT GIVEN OUT BY DE-
PARTMENT OF JUSTICE.
PROSECUTION CALLED OFF

u II ]
Nv tenuon Of The officials OF the de-
partmeut OF justice was called to-
day 10 the published dispatch from
san Juan. p. r., 20 the effect that the
United States attorney there had de-
ciined 60 prosecute criminally a NUM-
Der of army and navy officers for all
legged smuggling, explaining his action
boy the statement that he was acting
under Instructions from Washington.
The incident was i'm a measure exc
planned by the statement that the de-
partmeut OF justice today received a
dispatch from the United States attor-
ney at San Juan stating that the judge
having Jurisdiction of the smuggling
cases had instructed the grand jury 90
proceed with the investigation not
Wlthstandug the order of The depart
ment of Justice 20 the United States
attorney not 20 prosecute them. The
United States attorney asked for fur
ther Instructions. 90 which the depart
ment today sent the following reply;
Your duty is OBJ obey my instructions
20 dismiss pending smuggling cases and
present no new cases until otherwise de
rected. Considerations of moment not
confined 20 Porto Rico or individuals
involved have moved administration
after FUN Investigation and dellberatOn.
90 course directed which win be ad-
hered 90. But if a judge calls upon
sou or a court requests you viii per-
form your usual functions before the
Grand jury The fact that the govern
meut may not or VIII not prosecute II
indictments are found does not prevent
cons IIera zion hE Grand iUrN.'
A Official Statement.
Later I'm the day the following state
ment was issued from the department
of justice.
The facts are that the treasury de-
partmeut approved settlement ln one
81 the pending cases, on the basis OF
relief from terminal liability upon pay
meut of fine equal 90 double the
amount of duties. instructions 10 this
effect were given 90 the United states
attorney al san Juan boy the solicitor
OF the treasury, and upon inquiry py
the United States attorney for the de-
partment of justice for confirmation of
this instruction the subject was
brought before the cabinet and it was
directed by the president that Secre-
rarv Moody and Postmaster General
Payne should investigate the entire
subject up0u their arrival al Porto
Rico and that the cases should be dean
with iu accordance with their recon-
meudatiou. The re,Ommt .dauun was
that AN criminal proceedings should Doe
dismissed and discontinued upon The
payment of the civil obligation as
above indicated. I'm accordance VIII
this recommendation the attorney gen.
eral directed the United states attOr'
ney for Porto Rico 90 dismiss pending
eases and 90 present no more cases &c
the grand jury until he was otherWIs,
instructed The case involves certain
officers of the army and navy and GER
tain civil employees of the government
OF Porto HicO.
Facts in the Case.
Postmaster General Payne. when mi.
attention Uas called tO the matter. die
tated the following statement.
These cases were called 90 the al
tenti0u of the cabinet because they
involved officers of the army and navy
and al the request of the attorney gen
eral the secretary Of the navy and tn,
postmaster general. who were about q,
visit Porto Rico. were asked 90 MAKE
a personal investigation into the facts
OF the case.
'It seems that certain officers ha,
brought to san Juan articles for per
sOnal use which were subject 90 Gus
toms duties and specially cigars am.
some liquors. and 10 was said that
present of some Cf the cigars was mad
TO "a local club of San Juan. Their
" was no charge of importing auythinl
upon which 10 was proposed Go max
money. or 90 sell for profit. simply per
s0uaI effects for personal uses. some %
which. 10 seems. were given away.
1--WE were advised by the secretary @
THE treasury such cases coming uu
der his jurisdiction, thar in cases %
this character. where there was no iu
tentl0u tl import for profit, meaniu
hy that where goods were not brough
iu for sale. DO is customary not Co prose
cute crimnauy but to settle sue
cases by the payment of The penalty
This was done iu this case and the off
fcer or officers iu question have pail
the penalty imposed by the trea~W