Weekly journal-miner., 1909-01-06

for tne purpose of diminishing the effectiveness of war against crime it could not have been better devis- cd to this end. It forbade the prsc- tices that had been followed to a greater or less extent by inc execu- tive heads of various departments for twenty years. To these prsc- Lees we owe the securing of the evidence which enabled us to drive great lotteries ont of business and secure quarter of a million of dol. lars in fines from their promoters. These practices have enabled us to discover some of the most outrage. ous frauds in connection with tne theft of government land and gov. ernment timber by great corpora iions and by individuals. These practices have enabled us to get some of the evidence indispensable in order to secure the conviction of the wealthiest and most formidable criminals with whom the Govern. ment has to deal, both those operat- ing in violation of the antitrust law and others. The amendment in question was of benefit to no one excepting to tnese criminals, and it seriously hampers the Government in the detection of crime and the securing of justice. Moreover, it not only affects departments outside of the Treasury, hut il tends to ham. per the Secretary of the Treasury himself in the effort to utilize the employees of his department so as 10 best meet the requirements of the public service. It forbids him from preventing frauds upon the customs service from Investigating irregulat- ities in branch hints and assay offi- ces, and this seriously crippled him. 1t prevents the promotion of em- ployes in the Secret Service, and this further discourages good effort. In its present form the restriction operates only to the advantage of the criminal, of the wrongdoer.
 "The chief argument in favor of the provision was that the Congress men did not themselves wish to be investigated by Secret Service men. Very little of suen investigation has been done in the past: but it is true that the work of the secret service agents was partly responsible for the indictment and conviction of a Senator and Congressman for land frauds in Oregon. ] do not believe that it is in the public interest to protect criminals m any branch of the public service, and exactly as we have again and agnin during the past seven years prosecuted and convicted such criminals who were in the executive branch of the Gov ernment, so in my belief we should be given ample means to prosecute tnem if found n the legislative branch. But if this is not consider
 ed desirable special exception could be made in the law prohibit
 ing the use of the secret service in investigating Members of the Congress. IL would be far better io do this than to do what actually was done. and strive to prevent or at least to hamper effective action against criminals by the executive branch of the Government.
 A careful reading of this messag will show that l said notaing to wal rant the statement that "the majorit of the Congressmen were in fear c being investigated by the secret sel vice men,' or "that Congress as whole was actuated by that motive. l did not make any sucii statement this message. Moreover l have nevs made any such statement about Col gress as A whole, nor. with a few ii , evitable exceptions, about the men hers of Congress, in any message ( article or speech. On the contrary have always not only deprecated bi vigorously resented the practice of II | discriminate attack upon tongres and indiscriminate condemnation ( all Congressman, wise and unwise, and unfit, good and bad alike. No or realizes more than I the importance , cooperation between the Executi, and Congress, and no one holds the a thority and dignity of thc Congress , | the United States in higher respe' than l do. have not the sligate sympathy with the practice of jud 1 ing men, for good or for ill, not ( their several merits. but in q mass, { members of one particular body or or caste. To put together all men hol ing Or who have held a particulI office, whether i; be the office of Pres | dent, or of Judge, or Senator, or Mer 1 her of the House of Representative and to class them all, without rcgai ! to their individual differences as goS | or bad. seems to me utterly indefe sible; and |, is equally indefensib whether the good are eOnfounded vii the bad in heated and unwnrranti championship of all. or in heat' and unwarranted assault upon all. would neither attack nor defend . executive officers in a mass. wheth Presidents, Governors, Cabinet officer or officials of lower rank; nor would attack or defend all legislative office in a mass. The safety of free gover ment rests very largely in the sbili' of the plain, everyday citizen to al eriminste between taos. public ss wants who Serve him in. He can n thus discriminate if he is persuaded