New-York tribune., 1905-03-04
INDICT HERMANN AGAIN.
accused of Destroying Records
When Land Commissioner.

Washington March S.-Binger Hermann Mem
Der OF Congress from Oregon. and former Com
missioner of the General Land Office to-day
indicted by the Federal grand jury here on the
charge of destroying public records The indict
ment was founded the testimony Of General
Land Office employees and the Secretary Of the In
terror. The substance Of the charge Is that Mr.
Hermann just previous 10 the resignation as Com
missioner Of the General Land Office. Feb
ruary 190s destroyed thirtyfve letter press copy
books containing copies Of official communications
written by him commissioner and relating 70
the business OF his bureau
Mr. Hermanns attorney appeared in court i'm
mediateIy 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 District Attorney Beach suggested 5000,
while Mr. Hermann's counsel named $500 the
latter figure being set by the court
The indictment was returned under Section 0.4OS
Of the Revised Statutes Of United States which
provides follows:
Every officer having the custody of any record
docpmen paper or aS SPeSee oT vi
or destroys any such record, document paper or
Or in his custody shall pay fine OF not more than
81 900, suffer imprisonment at hard labor not
more than three years. both; and shall, more
over forfeit his office and be forever aferward dis
qualified from holding any office under the govern
ment of the United States
The indictment is brief. 1t alleges specifically that
MI Hermann January 1S. 1903 was an officer
of the United States Commissioner OF the General
Land Office and that as such officer he was In the
custody of all records documents. papers and pro-
ceedings filed in the General Land Office, and that
among the records were thtrty-fve certain letter
press copy books. which contained letter press
copies of certain official letters concerning the af-
fairs and business Of the General Land Office. and
which were required be kept In the copy books
by the usage and custom OF the land Office for
reference and infOrma ton pertaining TO and con-
cerning the business and administration OF the of
fee 1t rectes that more particular description
Of the thirty-hye letter press copy books cannot
be given because they are not now in existence
The indictment then charges that Mr.. Hermann
did ''unawfuIly and frauduently destroy the said
thirt-fve letter press copy books the contents
of the said letter press copy books with intent to
impair their usefulness and prejudice the due
and proper administration of the business Of the
the in such case made and provided and
against the peace OF the government
A special session OF the grand jury called 10
meet to-day TO consider this case. and y. m
the Indictment returned in Justice Wright's s
court No steps were taken by the District Attor-
ney's Office TO secure Ar Hernanns appearance
in court but Immediately after the Indictment had
been returned H. p, Galley. counsel for Mr. Her
mann. appeared before Justice Wright and moved
that the cDurt ix bail District Attorney Beach
suggested il be hxed 5000 Mr.. Galley said
that much to require Of Mr.. Hermann. He
then said that Mr. Hermann is a member of Con-
gress and for more than thirty years had held posi-
lions OF trust and confidence both at the hands OF
the Chief Executive Of the nation and OF the peo-
pie OF his own State Mr.. Galley said further that
no man could point finger at Mr., Hermann and
conscientiously say he did wrongful act or
one not consonant with the duty he charged
TO perform. He said that. although exempt as
member OF Congress-. Mr.. Hermann did not stand
exemption but submitted TO the jurisdiction