Omaha daily bee., 1905-03-04
BINGER HERMANN INDICTED
Former Commissioner of General Land
Office in Trouble at Washington.
CHARGED WITH DESTROYING RECORDS
Grand Jury at National Capital Pre-
sents Them to Court for Burn
ing Copies of Letter
Press Books.

| WASHINGTON, March 3.-Bnger Her
| mann, member of congress from Oregon
\ and former commissioner of the genera
| land office, was today indicted by the fed
| eral grand jury here on the charge of de-
stroying public records. The indictment
was found on the testimony of certain
| general land office employees and of the Sec
retary of the interior.
The substance of the charge is that Mr.
Hermann just previous to his resignation
as commissioner of the general land office,
which was on February l, 1903, destroyed
thirty-five letterpress copybooks containing
copies of official communications written
by him as commissioner of the general land
Office and relating to the business of that
bureau. Mr.. Hermann's attorney appeared
in court Immediately after the indictment
had been found and on behalf of his client
waived the exemption due a member of
congress and asked that bail be fixed. Dis
trict Attorney Beach suggested 5000, while
Mr.. Hermann's counsel named $500, the
latter figure being set by the court
The indictment was returned under sec
tion 54Os of the revised statutes Of the
United States, which provides as follows:
Every officer having the custody of any
record, document, paper or proceeding speci-
fled in section 5403 who fraudulently takes
record. document. paper or proceedings filed
in his office or deposited with him or IN
his custody, shall pay fine of not more
than 5000 or suffer Imprisonment at hard
labor not more than three years or both:
be forever afterward disqualified from hold
ing any office under the government of the
United States.
Indictment IL Brief
The indictment is brief. 1t alleges spe-
officially that Mr. Hermann on the 18th OF
January, 19O3 was an officer of the United
States commissioner OF the general land
office and that such officer he was in
the custody Of all records. documents
papers and proceedings filed in the general
land Office and that among the records were
thirty-hve certain letter press copy books
which contained letter press copies of GER
tain official letters concerning the affairs
and business of the general land office and
which were required to be kept In the copy
books by the usage and custom of the land
office for reference and information pertain
ing to and concerning the business and
administration OF the office The indictment
recites that a more particular description
OF the thrty-hve letter press copy books
cannot be given because they are not now
in existence
The indictment then charges that Mr..
Hermann did:
Unlawfully and fraudulenty destroy the
said thirty five letter press copy books and
the contents OF the said copy books with
intent to impair their usefulness and 10
prejudice the due and proper administra-
ton of the business of the said general land
office contrary to the form of statute in
such case made and provided and against
the peace of the government
special session of the grand jury was
called to meet today to consider the case
and at 3 p. m. the indictment was returned
in Justice Wright's court. No steps were
taken by the district attorneys office to Sc
cure Mr.. Hermann's appearance In court
but Immediately after the indictment had
been returned II. II, Galley. counsel for Mr..
Hermann. appeared before Justice Wright
and moved the court 20 FIX bail. lie sug-