Arizona republican., 1903-04-16
CIVIL SETTLEMENT.
Why the Smuggling Cases Were Ord
 cred Dismissed.

Washington, D. C., April 15.-The at tention of officials of the department of justice was called today to the pub Hshed dispatch from San Juan. P. R.. to the effect that the United States at torney there had declined to prosecute cri-ninally Q number of army and navy officers for alleged smuggling, explain ing /his action by the statement tha, he was acting under instructions from Washington. The incident was in q measure explained by the statement that the department of justice today received a dispatch from the United Gates attorney a San Juan stating that the judge having jurisdiction of the smuggling cases had instructed the grand jury to proceed with the investi- sation notwithstanding the order of the department of justice to the United States attorney not to prosecute them.
 The United States attorney asked for further instructions, to which the Ge- partme1t today sent the following re ply: Your duty is to obey my in- structions to dismiss the pending snug gling eases and present TO new cases until otherwise directed.
 Consideration Of moment net con- fined to Porto Rico or individuals in- Volved have moved the administration. after a full investigation and delibera- tion to the course directed. which will be adhered to. But if the judge calls upon you or the court requests you will perform your usual functions before the grand jury. The fact that the government may not OF will rot prose- cute if the indictments are found does not prevent consideration by the grand jury
 Later in the day the following state ment was issued from the department of justice:
 ''The facts are that the treasury Ga- partment approved a settlement in one of the pending cases on the basis of relief from criminal lihility upon pay ment of a fine equal to double the amount of duties Instructions to this effect were given to the United States attorney at San Juan by the solicitor of the treasury and upon inquiry by the United States attorney for the de pertinent 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 Postmaster Payne should investigate the entire subject upon their arrival at Porto Rico and that the cases should be dealt with in ac- cOrdance with their recommendation. The recommendation was that all criminal proceedings should he dis missed and discontinued upon the pay ment Of the civil obligation as above indicated. In accordance with this rec onmendation the attorney general di- rected the United States attorney for Porto Rico to dismiss the pending cases. and to present no more cases to the grand jury until he was otherwise instructed. The case involves certain officers of the army and navy and cer- tain employees of the government at Porto Rico.''
 Postmaster General Payne, when his attention was called to the matter die tated the following statement: These cases were called to the attention of the cabinet because they involved off cers of the army and navy and at the request of the attorney general, the secretary of the navy and the postmas- ter general who were about to visit Porto Rico, were asked to make a per sonal investigation into the facts of the case.