The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-16
THE PROSECUTION IN
PORTO RICO BEING
SQUELCHED
Department of Justice Elk
plains Why Proceedings in
Case of Smuggling Naval
Officers We're Called Off
Instructions to This Effect
Are Repeated.

SAN JUAN, Porto Rico, April Is
The grand jury today called many
witnesses in the smuggling cases in
which officers of the United States
navy and other prominent men are in
volved, and secured from the court
commissioner who presided at the for
mer hearings, a copy of the testimony
taken.
The prisoners who are confined in
the penitentiary for smuggling have
presented a petition requesting that
they be pardoned and released unless
others guilty of the same offenses are
punished.
Two more officials were arrested at
Mayaguez today in connection with the
municipal frauds there. The bail of
Superintendent of Public Works Baes,
of Mayaguez, arrested April 8, charged
with frauds amounting to $4,000 to
$4,000, has been fixed at $4,000. Bonds
men were not secured.
Washington Explains.
WASHINGTON, D. c., April Is
The attention of the officials of the de-
partment of justice was called today
to the published dispatch from San
Juan, Porto Rico to the effect that the
clined to prosecute criminally num-
Der of army and navy officers for al
legged smuggling, explaining his action
by the statement that he was acting
under instructions from Washington.
The following statement was made by
the department:
The facts are that the treasury de-
partment approved a settlement in one
Of Of
relief from the criminal liability upon
payment of a fine equal 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-
parment of justice for confirmation
of this instruction the subject was
brought before the cabinet and it was
directed by the president that Secre-
tary Moody and Postmaster General
Payne should investigate the entire
subject upon their arrival a Porto
Rico, and that the cases should be
dealt with in accordance with their
recommendation.
THE recommendation was that all
criminal proceedings should be dis
missed and discontinued upon the pay
ment of the civil obligation, as above
indicated. In accordance with this
recommendation the attorney 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. The cases involve certain
officers of the army and navy and
civilian employees of the government of
Porto Rico
Instructions Emphasized.
The department of justice today re-
ceived a dispatch from the United
States attorney at San Juan stating
that the judge having jurisdiction of
the smuggling cases had instructed the
grand jury to proceed with the inves-
LEGATION Notwithstanding the order Of
the department of the justice to the
United States attorney not to prose-
cute them. He asked for further in
structions, to which the department
has sent the following reply:
Your duty is to obey my instruc-
lions to dismiss pending smuggling
cases and present no new cases until
otherwise directed. Considerations of
moment not confined to Porto Ricans
or individuals involved have moved the
administration, after full investigation
and deliberation, to the course direct
ed, which will be adhered to. But If
the judge calls upon you or court re-
quests, you will perform your usual
functions before the grand jury. The
fact that the government may not or
will not prosecute if indictments are
found does not prevent consideration