Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-16
NOT TO BE PROSECUTED
ALLEGED SMUGGLING CASES AT
SAN JUAN, PORTO RICO.
Articles Were Imported for Personal
Penalty Was Imposed and Paid.

Inc department OF Justice yesterday
afternoon made public statement relative
to the action of the Porto Rican judge in
structing the grand jury at San Juan to in
vestigate the charges of smuggling against
| all persons so accused regardless of insrruc-
tons received by the Porto Rican district
attorney from the Department of Justice
to not proceed with the prosecutions. The
matter Is attracting widespread attention,
and it is charged in Porto Rico that the
people who are being shielded from prose-
cuuon are prominent officers Of the army
and navy The statement given out by the
Department of Justice was as follows:
The Departments Position.
1.-The facts are that the Treasury De-
partment approved a settlement in one of
the pending cases, on the basis of relief
from the criminal liability upon payment
of fine to double the amount of duties.
instruction to this effect was given to the
United States attorney at San Juan by the
solicitor of the treasury, and upon inquiry
by the United States attorney Of 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 Secretary Moody and Post
master General Payne should investigate the
cHtHe subject upon tHelT arrival at IOTtO
Rico, and that the cases should be dealt
with in accordance with their recommends
ticn. The recommendation was that all
criminal proceedings should be dismissed
and discontinued upon the payment Of the
civil obligation, above Indicated. In ac-
cordance with this recommends ton the At
torney General directed the United States
attorney for Porto Rico to dismiss pending
cases and to present no more cases to the
grand jury until he was otherwise in
structed
1.-The cases involve certain officers Of tho
army and navy and certain civilian en-
ployes Of the government of Porto Rico"
The Department of Justice has received
a dispatch from the United States attorney
at San Juan stating in substance that the
judge having jurisdiction of the smuggling
cases had instructed the grand jury to pro-
coed with the investigation notwithstand-
ing the order of the Department of Justice
to the United States attorney not to prose-
cute them. He asked for further lnstruc-
tons. to which the department has sent
the following reply:
DEPARTMENT OF JUSTICE.
WASHINGTON. D. c., April Is, 1903.
United States Attorney, San Juan, Porto
Rico:
'Your duty is to obey my instructions to
dismiss pending smuggling cases and pre-
sent no new cases until otherwise directed.
Considerations of moment not confined to
Porto Rico or individuals involved have
moved administration, after full investiga-
IL, u,
which will be adhered to. But if grand
jury calls upon you or court requests you
will perform your usual functions before
grand jury. The fact that government
may not or will not prosecute if indictments
are found does not prevent consideration
by grand jury.
Mr.. Payne's Statement.
Postmaster General Payne, when his at
tention was called to the matter dictated
the following statement:
'"These cases were called to the attention
of the cabinet because they involved Of
fcers of the army and navy, and, at the re-
quest Of the Attorney General. the Secre-
tary of the Navy and the Postmaster Gen
eral who were about to visit Porto Rico,
were asked to make a personal investiga-
ton into the facts of the case.
ut seems that certain officers had
brought to San Juan articles for personal
use which were subject to customs duties
specifically, cigars and some liquors, and 1T
was said that present of some of the
cigars was made to a local club in San
Juan. There was no charge of importing
anything upon which it was proposed to
make money or to sell for profit-simply
personal effects for personal uses, some OF
which, 1t seems were given away.
1--WE were advised by the Secretary of
the treasury such cases coming under his
jurisdiction. that in cases of this charac-
ter, where there was no intent to import FOR
profit, meaning by that where goods were .
brought in for sale, it is customary not to
prosecute crtminaly, but to settle such
cases by the payment of the penalty. This
was done in this case, and the officer or Of
fcers in question, have paid the penalty i'm
posed by the Treasury Department. which
Is twice the amount of the original duties. |
"a settlement on this basis having been
approved by the Secretary of the Treasury,
it seemed to the Secretary Of the Navy and |
to the Postmaster General that criminal
prosecution would be persecution, and we
felt entirely justified in recommending that
no further action be had in these cases"