The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-16
Who Recommended that No Further
Action BE Taken Because the Ac-
cused Had Settled i'm Full.
SMUGGLING NOT INTENDED
OFFICERS MERELY IMPORTED CI-
CARS AND LIQUORS FOR OWN USE.
None Of the Goods Sold for Profit
Instructions Forwarded by the
Department of Justice.

WASHINGTON, April 1.-THE attention
of the officials of the Department of JUS
tice was called to-day to the published dis
patch from San Juan. Porto Rico, to the
effect that the United States attorney there
had declined to prosecute criminally a num-
ber of army and navy officers for alleged
statement that he was acting under in
structions from Washington.
The following statement was made by the
department.: "The facts are that the Treas
ury Department approved a settlement in
one of the pending cases. on the basis Of
relief from the criminal liability upon pay
ment of 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 Department of Justice for confirma-
tion of this instruction the subject was
brought before the Cabinet, and 1t was di-
rected by the President that Secretary
Moody and Postmaster General Payne
should investigate the entire subject upon
their arrival at Porto Rico, and that the
cases should be dealt with in accordance
with their recommendation. The attorney
general therefore 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 instruct
ed. The cases involve certain officers of the
army and navy and certain civilian en-
ployes of the government of Porto Rico"
Postmaster General Payne, when his at
tention was called to the matter, dictated
he fo1l Sfa
called to the attention of the Cabinet be-
cause they involved officers of the army and
navy. and, at the request of the attorney
general. the secretary of the navy and the
postmaster general. who are about to visit
Porto Rico. were asked to make a personal
investigation into the facts of the case 1t
seems that certain officers had brought to
San Juan articles for personal use
which were subject to customs du-
ties, especially cigars and some liq-
uors, and 1t was said that a present
of some of the cigars was made
TO 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, it seems. were given
away. We were advised by the secretary
of the treasury, such cases coming under
his Jurisdiction, that In cases of this char
acter, where there was no intention to i'm
port for profit, meaning by that where
goods were not brought in for sale IL is
customary not to prosecute criminally but
to settle such cases by the payment of the
penalty. This was done In this case. and
the officer or officers in question nave paid
the penalty imposed by the Treasury De-
partment, which ts twice the amount OF the
original duties. A settlement on this basis
the treasury, it seemed to the secretary
of the navy and 70 the postmaster general
that criminal prosecution would be persecu-
ton and we felt entirely justified in recon-
mending that no further action be had in
these cases.
The Department of Justice to-day re-
ceived 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 proceed with the investigation not
withstanding the order of the Department
of Justice TO the United States attorney
not to prosecute them. He asked for fur
ther instructions, and the department has
sent the following reply:
Your duty is 10 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 the administration. after full inyes-
tigation and deiberation, to the course d.
rected. which will be adhered to- But If the
judge Nalls upon you, or the court requests
you wul perform your usual functions be-
fore grand jry. The fact that the govern
ment may not or will not prosecute III in
dictments are found does not prevent con-
sideration by grand jury