The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-08-24
MIR. YIRKEs.s DEFENSE"

promising cases against PERSONS
charged with violations of the internal
revenue laws in different States. De-
Tending himself, Mr.. Yerkes says that
no cases are compromised unless UNI
der certain conditions, to-wit: the
paucity of evidence, the recommended
ton of the District Attorney, or the
feeling that on account Of the habit
Of the Judge of not imposing ade
Quate sentences, the Government
might come out with better profit
through a compromise than a convic-
ton. Also the Commissioner states that
in many instances the compromises
are effected when the violations COM
planned of are only technical and de-
void of real criminal intent.
This defense, for such it was
having been brought out by
reason of the criticism in North
Carolina papers of acts of the sort
explained-is worthy of scrutiny in
several particulars; and an examina-
ton of what is said by Mr.. Yerkes
himself is the best ground for the cri-
ticisms replied to and shows the fall
lacy-if not the corruption-of the
system itself.
No compromise is made, it is stated
unless on the recommendation of the
District Attorney. That official is the
man who draws the bill against the
criminal and the one charged with his
prosecution and sworn to enforce the
law. Technically he has no discretion
except in an advisory capacity to the
Judge 1t is in the judge that the
discretion lies as to punishment and
the discretion is so wide that it runs
from the suspension of judgment On
the payment of costs to heavy fine and
long imprisonment. What business
has the District Attorney. sworn Of
ficer of the court, assuming to deal
with any official over the head of the
Judge and thus rob the court of the
discretion invested in it by the
statutes? The district attorney is
Supposed to be a subordinate officer;
under the system as outlined by Mr..
Yerkes, he is I'm criminal cases above
the judge. Instead of being executive,
he has become judicial
The paucity of evidence: if there Is
not evidence to convict, why the bill?
A violator of the internal revenue has
the same rights to have his case heard
by jury Of twelve men as murderer
or thief operating on smaller
scale If there is evidence sufficient
to secure his indictment it is the duty
of the District Attorney to put him
on trial whether he wants to be tried
or not. And the very fact of the COM
promise agreed to by the criminal Is
an expression of the lay mind, REIN
forced by that of his legal adviser,
that a conviction is not only possible
but probable Trials in a court should
not be put on the plane of a couple of
bristling dogs, each afraid to join is
sue with the other. In theory trial
is a method of fair play with equal
chances, set rules and a carefully Sc
lected umpire in the shape of jury
to go to the jury, the District Attorney
should so state to the court, obtain
leave. to quash the bill and let the
defendant go free. Guilty or innocent,
there is no justice in permitting
man to compromise when there is
not evidence against him to convict.
Technical violations: Again the
District Attorney might advise the
court, the defendant plead guilty, and,
in the exercise of wise discretion,
the judge might strike a just balance
with the imposition of proper fine
and the costs of the action.
Are the Federal Criminal Courts,
presided over by men who are pre-
sumably chosen for their legal ability
and their sense of equity to men and
Justice to the Government they serve
to be made merely the executive tools
of an administrative department pre-
sided over by a rank and partisan poll
tician?
But the excuse that the judge does
not impose sufficiently heavy sentence
is about the most impairment clause
of this defense! There is a direct as
sumption of judicial functions and jul
dicial discretion that is astounding!
Men in whom rest the safety of many
people, the liberties of many people,
the rights of property and the hope OF
succor from oppression, over-ruled
and castigated in breath-by whom :?
BY a small-siZed whipper-in of the
most corrupt department of the Gov
eminent. BY a man selected because
of the toughneSs of his hide, the cal
lousness of his disposition, the shrewd-
ness to enable him to find and follow
the trail of the serpents in his pay
and the hard-fistedness of his admin
iStration! The Commissionership of
the internal revenue is not apleasant
job except to a man of such hard ma
terial, such tawdry if necessary abili-
ty. COncommitantly with his selec-
ton, it becomes necessary to watch
the man himself One So wise in the
ways of graft, is naturally an object of
suspicion owing to the temptations that
follow on his opportunities. Let him
follow the ruleS laid down bV Mr.