New-York tribune., 1909-12-12
WAR0N ALL FRAUDS
UrTCKERSHIMS WORK.
.Sags Sugar Prosecutions Viii
Be Vigorously Pushed.

Washington. Dec. u.-That the Depart
,-s-f 81 Justice intends a vigorous prose
,.,,-ion in the Efforts 10 recover al money
S--e the government az = result OF the
s-rsr frauds Al New York and 20 punish
a. uho may have participated I'm them Is
shown by the annual report ~ Attorney
General WIckersham. made public to-day
Aeter briefly reciting the facts IN the cases.
r-hirh are Of public knowledge. he SAYS:
TIE ev-idence has disclosed a network
- corruption. not confined 70 the Auerf-
,,,-s- p period ~ wears. affecting both inn
,.srfe-s and officers of the government and
4 s ss vet premature 10 STATE , the precise
rhe revenues 20 which the government has
bosr defra udsd.
Wfi1s n Is feared that the statute of
1.r~frstions may have run IN favor of
100 ~ Che mslefsct0rs VINO are respon-
s'hle fOr these frauds. yet no effort VIII
= shared 10 ascertain the precise amount
- vhi~h thp government has been defraud-
- ~. recover al moneys due and 20 pun
ish az those Who mas be found 20 have
fsrticlpated On any respect m the frauds.
1-bsrrer as officers or agents of the TN
,-o--e-s o. a. officials Of the government
I earnestly request = special appropriation
a. x5aaeo 20 enable this work 10 be effec-
fvey Prosecuted
Further Irrigation regarding the cornmodi-
,,ss clause cases. arising under the railroad
,.-s fsu- Is promised by the Attorney Gen
49, DISCUSSING the decision OF the Supreme
-,--r IN hose cases Mr.. Wicke-shsm says
g. does not necessarily determine the ap-
,,,~ztfor - rhp statute 10 cases where the
~1--r1oEfries transported are owned by
co-,,o~stiou. al or substantially all OF
whose stock Is owned by the carrier cor
ro-s-ior a. the time OF transportation. and
-e-.~fsTv where the carrier shall have
--srsfe-rea az of iIs interest IN such com
--a5'ries 10 corporation formed for the
sr--ess purpose 81 evsding the prohibition
~ -ne ronuodities clause and all Of SUB
srsrrialy al of the stock IN which is
owned hv -he carrier. Those questions will
~ ,resarted for denomination in the courts.
2 ne prohibition OF the statute can ne sue
ceSgfuTIv evaded by tho simple device Of
transfer ~ ownership OF Tho property 70
corporation al o. whose stock shall he
owned or controlled by the carrier. Con
rress should amend the statute 50 as 10
make 81 an efectuaI and not merely IL
lrso-v prohibition. Or else repeal IN
Ir regard 10 public land fraud prosecu-
'iors tre Attorney General makes clear his
derer-iuation IN no respect 70 abate the
effort O. undo. 50 far may be. the frauds
(which have been for so long a time per
rsfrated fu the procuring for private indi-
f.Naa.N TIT pofAloiS OF Alle FL1ht nolAd tfl
contrary % the conditions under which CON
sress has authorized Ihese lands 70 be pat
sr-ed
Important recommendatf0ns contained in
the report include those for a broadening
~ the right of appeal OF the government IN
criminal cases. q repeal ~ Section $50 %
TIE Ee~ised Statutes regarding evidence IN
criminal cases. favOr1ng q national law
providing for indeterninate sentences. and
p aGlfcsrion or the statute fixing the pun
ishuent FOR ennbezZleUent or nisa pplicstion
ormcnt for fiye years.
A general immunity statute is also recon-
mel1ed. the Attorney General saying.
For the purpose OF meeting the cordi-
rCU- which arise IN the endesvOr 10 pro
'ure testimony for The government gen
eva. immunity statute should ne enacted
the sans reasons that called for the enact
iUent of the special immunity statutes as
~ proceedings under the interstate COM
Uerce laws apply with equal force 10 Grim
tra. prosecutions generally. The United
states should nave the power 10 compel
iucr' luinatinG disclosures by giving a COM
Densarorv immunity in al cases where In
o.rlduals stand between crime and its de-
lection and punishment such statute
should be applicable only 10 protect a wit
uess summoned IN a proceeding on behalf
~ rle United States from The consequences
~ testimony which he Is compelled 20 give
n that proceeding.
The Attorney General refers 20 the IN
-s1actory sanitary conditions a. the Dis
r-irt ~ Columbia jail. which Re says is a
rrrrosch 70 the national government and
10 earnestly recommends an appropriation
sCe-uatc 20 make necessary improvements.