The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-06-22
SENATE COMMANDS ATTORNEY
GENERAL TO DELIVER "coM-
FlDENTiAL" DOCUMENTS.
INFORMATION is DESIRED
Facts in Relation to Prosecution or E.
=. Perrine on Land Fraud charae
Are Demanded by Committee Of
Upper House in Connection With Re-
appointment of District Attorney.


General Wicekrrsham, BY an order
adopted by the senate committee on
Judiciary today is commanded to send
TO the senate all the facts In his pos
session relating to the prosecution of
Or. t. b. Perrine Of Williams, Ariz..
on the charge of conspiracy to de-
fraud the government in the CALI
fornia land cases.
Thls data was sealed by Attorney
General Bonanarte and the package.
Whlch was left in the files Of the de-
partment of Justice, were marked
confidential"
Several days ago members Of the
subcommittee considering the reap-
pointment of Robert r. Deylin for
united States attorney for the north
crn district of California, obtained
some information regarding this pack
age and requested Mr.. Wickersham to
send 1t to the senate. He declined fo
do 50 because Of the Endorsement on
the package, which he said had been
placed there by his predecessor and
which he desired to respect The or
der to send the data to the senate
committee was made so as to relieve
the attorney general of resposaibility
in the matter.
Confirmation of the reappointmenl
Oh Mf. DeVlln, who was nominated on
Mafch =, last, has been opposed be-
cause of criticism of his course in
conducting the Perrine case. The sub
committee investigating the Deylin
nomination is composed of Senators
Piles, Borah and Overman. 1t was
brought out during one Of their ses-
sions that report had been made to
the department of justice by w. r.
Harr, formerly special attorney in
land fraud cases and now an assistant
TO the attorney, general, bearing di-
rectly on the cases in which Perrne
was involved. Peirine was convicted.
but on an appeal the case was re-
Versed and remanded for re- trial.
Chief Criticism.
The chief criticism of District At
torney Devlin is that he has declined
to nolle PROSE- the case, although the
Harr report declares such action
should be taken. Mr.. Deylin has been
also for his failure to Sc
cure The conviction of a witness named
Smell on charge of perjury.
1t was brought out before the sub
today that the Harr re-
port declares Perrines conviction was
procured by methods which could not
be approved by the department of
Justice Mr.. Harr gave the details OF
the indictment of Perrine, which he
At fri h,ta taI To -tnf
j. Burns II United States secret sery-
ice operative, whose services were
loaned to Francis j. Heney In gather
ng evidence in timber fraud cases.
Borah crtcizes.
This statement, which was made to
HE grand jury, was that he {Burns)
had come from oyster Bay and he
neW that President Roosevelt desired
% have Perrine indicted Senator
3orah criticized the action and de-
elared to his colleagues that it was
evident that Mr.. Bonaparte did not
want to proceed on the line recon-
nendcd by Mr.. Harr, which called for
dismissal OF proceedings against Per
inc and the prosecution of Smell on
L \ ll.1i sc VI lfNi Jui NIL IS1Idl1 III
sisted that the reason for Mr.. Bona
oarte's failure to act should be given.
When a response has been received
rom Attorney General Wickersham to
he order made today a session of the
ull committee will be held and it IS
possible that the committee may in
lure into methods resorted to by the
department. of justice under the Roose-
-elt administration in gathering evil
lence in land fraud cases.