The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-03
A Supp0sitiOus letter From the
- White MOuSe2


Of the President in the pursuit Of wrong,
whenever a fresh trail is struck, and his
absolutely impersonal attitude in the
performance of executive duty, no mat
tor whom the charges of wrongdoing
may affect, can doubt that some such
official letter as the suppositious one
hare subjoined has been prepared or is
In preparation for immediate use?
THE WHITE HOUSE.
WARRINGTON D. c.. July 2, 1908.
"To hs Hon. Phaandsr @. Knor, Attorney, Genera!
orshe United States
DEAR SIR: In view Of the publication OF docu-
mentary evidence tending to show that Lucrus N.
LrrrAuEB, . member OF the House OF Representa-
tivcs in the Fifty fifth and succeeding Congresses
profted by certain Government contracts in 1898
and thereafter. request your ofncial opinion on
tho following questions to wit:
IL. Under the general constitutional provision
shat the President shall take that the laws be
faithfully executed. does 1t become my duty TO
institute proceedings through the Department OF
Justice. against LucrUs N. LITTAUER to determine
his alleged violation OF Section $3.50 Of the Revised
Statutes and for the recovery OF the penalty or
1000 imposed by said statute for each case of viola
ton OF the law: and to do this Independently OF
any action which the House OF Representatives
may take hereafter under Its own constitutional
powers OF investigs alton and punishment,
- What is the Department OF Justices inter
probation OF the phrase or to any benent to ariso
therefrom In Section s74l Of the Revised Statutes.
providing that every Government contract shall
hat ..P
Congress shall be admitted to any share part OF
such contract or agreement. or to any benefit to
arise therefroml
-. What Is the bearing OF the fact OF tho con-
tinuous service by LycIUs N. LTTTAUKR as oficer
OF the Government since the dates Of the alleged
violations of the law upon the time limits for prose-
cutlon rs established by law
a. without reference TO the question above
mo b.. would tho limitation OF such prosecution
for the recovery of the penalty of 900 in the
of contracts which expired between July and
Oct. 49, $685. be determined by the three-years pro-
vision in Section I044 Of the Revised Statutes. as
amended by Chapter SO OF the Laws OF 1870. or by
the nve-years provision in Section lo47'
AS your own copy OF the Revised Statutes may
have been loaned or temporarily misaid, beg per-
mLSSlOn " supply Aux yOut NohHchehSc 'hV bcAh
of Section l047 as contained In the White House
copy, follows:
80 SECTION t04T.-No suit or prosecution for any
penalty or forfeiture, pecuniary or otherwise, ac-
cruing under the laws of the United States, shall be
maintained. except In cases where 1t Is otherwise
specially provided. unless the same Is commenced
within nve years from the time when the penalty
or forfeiture accrued Prortded That the person OF
the offender or the property liable for such penalty
or forfeiture shall within the period be found
within the United States that the proper process
therefor may be Instituted and served against such
person or property.
You will understand that my purpose in direct
ing your attention 70 these questions Is TO make
sure that the laws faithfully and impartlay
executed in any and every Of wrongdoing. Let
no guilt In any quarter escape the just penalty OF
the law, II the law can reach the offender
Sincerely yours.
THEODORE ROCKWELL
That may not be the letter President
ROOSEVELT has written; but it is about
the sort of letter that might be expected
from the compounder Of the powerful
stimulant administered to Mr.. KNOX
from the White House on June rs, 1903, in
the matter OF the Post Office cases.