Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-16
THE SMUGGLING CASES
At San Juan, p. r., Are Accusing I'm
usual interest.

San Juan, p. r., April 1.-THE grand
jury, today, called many witnesses in
the smuggling cases in which officers of
the United States navy and other
prominent men are involved. The pris-
oners who are confined in the peniten-
tiary for smuggling have presented a
petition requesting that they be par
doned and released unless others guilty
of the same offenses are finished.
Washington, April 15.-The attention
of the officials of the department of
justice was called, today, to the pub
lished dispatch from San Juan, Porto
Rico, to the effect that the United
States attorney there had declined to
prosecute criminally a number of army
and navy officers for alleged smuggling,
explaining his action by the statement
that he was acting under instructions
from Washington. The following state
ment was made by the department:
"rhe facts are that the treasury de-
partment approved a settlement in one
of the pending cases on the basis of re-
lief from the criminal liability upon
payment of a fine equal to double the
oiiCttiAS VI ooliCos 1iioti uStiOiho " tIlo
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 Secre-
tary 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 recon-
mendation
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
ana 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 GER
tain civilian employees of the govern
ment of Porto Rico
Postmaster General Payne, when the
matter was called to his attention, eX-
planned that in view of the fact that
the articles taken to San Juan by the
accused officers We're for personal use
and not to sell for profit, simply per-
sonal effects for personal uses, the GUS
tmary plan of settling on the basis of
payment of a fine equal to double the
duty was followed.
"A settlement on this basis having
been approved by the secretary of the
treasury" said Mr.. Payne, sit seemed
to the secretary of the navy and to the
postmaster general the criminal prose-
cution 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-
received dispatch from the United
States attorney at San Juan stating in
substance that the judge having juris-
dicion of the smuggling cases had in
structed the grand jury to proceed with
the investigation Notwithstanding the
order of the department of justice to
the United States attorney not to
prosecute them. He asked for further
instructions to Which the department
has sent the following reply: Depart
ment of Justice, Washington, D. c.,
April Is, 1903:
United States Attorney, San Juan,
Porto Rico;
Your duty is to obey my instruction
TO dismiss pending smuggling cases
and present no new cases until other
wise directed. Considerations of mo-
ment not confined to Porto Rico or in
dividuals involved have administration
after full investigation and delibera-
ton, to course directed 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 indict-
ments are found does not prevent con-
sderation by grand jury"