The Montgomery advertiser., 1903-04-16
ORDERED TO DROP CASES.
"Considerations of Momsnt'' Said
 to Be Involved.

to Be Involved.
 Washington. April l5.-The attention of the officials of the Department of Justice was called today to the published dis patch from San Juan. P. R., to the effect that the United States Attorney there had declined to prosecute criminaIly num- Der of army and navy officers for alleged smugglins. explaining his action by the statement that he was acting under in- structions from Washington. The follow ing statement was made by the Depart ment:
 ''The facts are that the Treasury De- pertinent approved settlement in one of the pending cases. on the basis 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 end upon inquiry by the United States Attor- ney of the Department of Justice for con- firmation of this instruction the subject was brought before the cabinet and 1t was directed by the President that sec- retary Moody and Postmaster General Payne should investigate the entire sub ject upon their arrival at Porto Rico, ana that the cases should be dealt with in
 
 The Attorney General directed the United States Attorney for Porto Rico to dis miss pending cases and to present no more cases to the grand jury until he was otherwise instructed. The cases involve certain officers of the army and navy and certain civilian employees of the government of Porto Rico"
 Postmaster General Payne when his at- tention was called to the matter, dictated the following statement:
 These cases were called to the atten- ton of the cabinet because they involved officers of the army and navy, and, at the request of the Attorney General. the Secretary of the Navy and the Post master General who were about to visit Porto Rico, were asked to make per- sonal investigation into the facts of the case.
 Tt seems that certain officers had brought to San Juan articles for personal use which were subject to customs duties, especially cigars and some liquors, and 1t was said that a present of some of the cigars was made to a local club in San Juan. There was no charge of import ing anything upon which 1t was proposed to make money, or to Sell for profit simply personal effects forspersonal uses. some of which, 1t seems, were given away.
 we were advised by the Secretary of the Treasury such cases coming under his Jurisdiction. that in cases of this character, where there was no intention to import for profit, meaning by that, that where goods were not brought in for sale, 1t Is customary not to prosecute, crin- nallly, but to settle such cases by the payment of the penalty. '@ "A This was done in this case and the officer or officers in question have paid the penalty imposed by the Treasury De- pertinent, which Is twice the amount of the original duties.
 "A settlement on this basis having been approved by the Secretary of the Treasd- ry, 1t seemed to the Secretary of the Navy and to the Postmaster General that cri:ni- nal prosecution would be persecution and we felt entirely justified in recommending that no further action be had in these cases.
 The Department of Justice today re- ceived a dispatch from United States at- torney 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 notwithstanding the order of the Depart ment of Justice to the United States At- torney not to prosecute them. He asked for further instruction and the Depart ment has sent the following reply:
 Department of Justice,
 Washington, D. C., April IS, 1908. United States Attorney, San Juan P. R.
 Your duty is to obey my instructions to dismiss pending smuggling cases and present no new cases until otherwise directed. Considerations of moment not confined to Porto Rico or individuals in- volved have moved the administration after full investigation and deliberation, to course directed, which will be adhered to. But if judge calls upon you or court requests you will perform your usual functions before grand jury. The fact that the government may not or will not prosecute if indictments are found does not prevent consideration by grand jury"