Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-12-14
WHOLESALE FRAUD is
DISCLOSED BY PROBE

WASHINGTON, Dec. 11.-Eforts to
recover all moneys due and to punish
the persons involved in the sugar
frauds at New York are to be vigor-
ously pushed, according to Attorney
General Wickersham. whose annual re-
port was laid before congress today.
The evidence, he says, has disclosed
network of corruption, not confined to
the American Sugar Refining company,
and extending over a period of years,
affecting both importers and officers
of the government. He asks for a spe-
cial appropriation or $4,000 so that
the prosecutions may effectively pro-
coed.
An important announcement Is that
questions not determined by the SUI
preme court in what are known as the
commodities clause cases." arising I'M
der the law relating to interstate COM
merce, are to be presented hereafter for
judicial determination.
In the public lands frauds prosecu-
tions, the attorney general makes 1t
clear that he is determined in no re-
spects to abate the effort to successful
ly conclude them. ...
Recommendation Is made for a gem
eral immunity statute to meet the con-
procure testimony for the government.
Further litigation touching the com
modiues clause cases." arising under the
interstate commerce law, is promised by
the attorney general. Discussing the de-
clsion of the supreme court in these
cases Mr.. Wickersham says il does not
necessarily determine the application of
the statute 10 cases where the commod-
tiles transported are owned by corpo-
ration, all. or substantially all, of whose
stock is owned by the carrier corpora
ton at the time of transportation, and
especially where the carrier shall havo
transferred all of its interest in such CON-
modities to a corporation formed for the
express purpose of evading the prohibit
ton of the commodities clause, and all or
substantially all of the stock in which
is owned by the carrier.
Those questions will be presented for
determination in the courts II the pro-
hibition of the statute can be success
fully evaded by the simple device of
transfer of ownership of the property TO
9 corporation, all of whose stock shall
be owned or controlled by the carrier.
congress should amend the statute 81
as to make it an effectual and not a
merely illusory prohibition, or else re-
peal t."
In the matter of public land fraud pros
ecutions the attorney general makes Il
clear his determination in no respect t.
abate the effort to undo, so far as may
be, the frauds (which have been for So
long a time perpetrate6 in the procuring
for private individuals of portions OF
the public domain contrary to the con-
ditions under which congress has au-
thorized these lands to be patented"
Important recommendations contained
in the report include those for a broad
ening of the right of appeal of the gov
in criminal cases; a repeal OF
section $50 OF the revised statutes re-
garding evidence in criminal cases, the
enactment of a general immunity statute
20 meet the, conditions which arise In
the endeavor to procure testimony for
the government; favoring a national law
providing for indeterminate sentences and
a modification of the statute fixing the
punishment for embezzlement or misap-
plication of the funds of a national bank
at Imprisonment for five years.
The attorney general refers to the I'M
sanitary conditions at the
District of Columbia Jail, which, he says
is a reproach to the national government,
and he earnestly recommends an apprO-
priation adequate to make necessary inn