New-York tribune., 1905-12-27
"PERNICI0USLY INACTIVE"

! President Cleveland once removed United
States marshal out in Missouri for 'pernicious
activity" That activity, the President averred,
| had manifested itself in Offensive partisan
ship" President Roosevelt has just removed
| United States marshal and a United States
district attorney for pernicious inachvity-that
inactivity manifesting itself in a singular mis-
appreciation of the gravity of n certain proceed
ing in the Nebraska District Court. President
| Cleveland's order taught timely lesson to the
federal offceholder who medd'es in politics.
President Roosevelt's order will serve an
equally timely warning to attorneys and mar
shaIs who fail to realize their responsibilities
as representatives of the national government
The punishment meted out in Nebraska seems
to have been thoroughly deserved. Two cattle
raisers in that state, acting on the theory that
the public land laws were never meant to in
convenience anybody who saw fit to violate
them fenced in large sections OF the public do
main for grazing purposes. Secretary Hitch
cock several years ago began to make war
all sorts of abuses committed under the land
Iaws-fraudulent entries, timber depredations
and encroachments on the public domain by il
legal fencing After a bitter and protracted
struggle, in which political pressure was more
than once brought to the land grabbers and
fraudulent entry makers, evidence was collected
and indictments were secured. In Oregon some
to make an example of the chief offenders in
Nebraska. The two cattlemen indicted were
brought to trial before the United States Dis
trict Court for the District Of Nebraska, and
though they could make no defence and in fact
entered plea of guilty, so perfunctory was the
prosecution that they were sentenced to pay
$500 apiece and to spend six hours In the
custody Of the United States Marshal. That
functionary. it is charged, turned them over on
parole to their attorney, who arranged for their
detention" for six hours at Omaha club.
The marshal was promptly dismissed for his
share in carrying through this farce, and in
view of the feebIeness which the whole prose
crtion disclosed it was determined that the
District Attorney was no fit man to enforce re-
spect for federal authority and hunt down
violations of federal law. He refused to resign
and had to be summary removed.
The judicial service is well rid of officers
who thus contribute to turn the execution of
Justice into a travesty. Secretary Hitchcock
has fought intelligently and persistently for
years to exterminate the evil practices in pub
lie land administration which Western politi-
clans have long winked at He had little or no
support In Congress and was bounded by COR
ruptionists who had profted by fraud or lax
administration But his steadfastness had its
reward, and in Oregon he has exposed and dis
armed combination for plunder long backed
by the most powerful political influences The
good work he has done must go on-and will
go on. But there seem to be still some federal
officials who cannot understand that viOlators
of the land laws are criminals and should be
treated as criminals The spirit which Secre-
tary Hitchcock has shown needs to be infused
into the whole prosecuting service, and district
attorneys and marshaIs who regard the ar
raignment Of trespasSerS on the public domain
as a hollow comedy should find some other
stage on which to indulge their perverted sense
of humor. Pernicious inactivity is no more
pardonable in a federal judicial agent than
pernicious activity.