New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-22
QUOTES THE PRESIDENT.
Letter of acceptance the Bass OF
NoUeI Legal Point,

Hugh Gordon Miller raised novel level point
and quoted President Roosevelts letter OF ac-
ceptance i'm support Of It in an argument oetore
United States Commissioner Ridgeway yester-
day He appeared as counsel for the defendant
on the motion made several days ago to us
charge Moses Haas and Frederick A Peckham
from custody on the ground that the charge al
legged i'll the indictment against them did not
constitute crime.
The accused men were recently indicted oy
the United States federal grand jury in Wash
ington on a charge of having conspired with
Edwin S. Holmes, jr, former associate sta
tistician of the Department of Agriculture, to de-
fraud the United States through the giving Of
advance information by Holmes Of the govern
ments cotton reports
Through this information the three men, to-
gether with Lewis c. Van Ripper who financed
the operations in Wall Street, and who was
yesterday accused by Mr.. Miller Of having be-
trayed his associates are alleged to have made
a profit of several hundred thousand dollars.
Not only did Mr.. Miller cite endless array
of federal decisions in support of his position
but he also quoted President Roosevelt as an au-
thority.
Mr. Miller first read the indictment charging
the conspiracy to commit offence against the
United States and which stated that Holmes
was guilty of the offence of misconduct.
Mr. Miller then raised the novel legal point
that there was such offence known to the
federal statutes misconduct" The govern
ment practically admits this, but contends that
misconduct is an offence at common law, and
that as the common law is in force in the Dis
trict Of Columbia a conspiracy 20 commit mis-
conduct" in Washington is, therefore, within
Section $40 of the Revised Statutes, under
which the men are indicted. Mr.. Miller de-
clared that no such offence as misconduct
could be found in any act of Congress which
alone could give jurisdiction OF an orence 10 a
federal court.
The letter of acceptance Of President Roose-
quoted by Mr.. Miller. The lawyer pronounced
the letter one of the ablest documents ever emil
mating from President. In the letter the law
yer said that President Roosevelt had said
there common law of the United states
that could give jurisdiction Of an offence in
federal court"
This opinion has been supported. declared MI
Miller, by all the federal attorneys throughout
the country, including Attorney General Moody
and ex-Attorney General Knox. If the doctrine
and it was a mighty poor rule that would not
work both ways. There was also In the tndict-
ment no averInent that the acts complained OF
were done cOTrUptly.
II the present charge Of misconduct held
Mr. Miller said IL would be possible TO indct
a federal clerk for going to see a ball game II
he left before the usual hour, as 1t would plainly
De misconduct"
In conclusion Mr. Miller demanded the dis
charge of his clients, Haas and Peckham, con-
tending that the crime OF misconduct under
the common law OF the District of Columbia was
not an offence within the purvtew OF any known
federal statute.
Commissioner Ridgeway reserved decision