Omaha daily bee., 1909-12-12
Corruption in Customs Service Not
Confined to Sugar Company.
ASKS FOR FIFTY THOUsA
Sum Needed for Prosecution %,
Swindling Importers and Officials
AFTER LAND THIEVES, ALSO
Changes in Laws Recommended to
Enable Him to Land Men Who
wrongfuIIy Hold Parts of
Public Domain.

WASHINGTON, D. c. Dec 11.-That the
Department of Justice intends vigorous
prosecution in the efforts to recover all
money due the government 2 result of
the sugar frauds at New York and to pun
ish all who may have participated in them
is shown by the annual report of Attorney
General Wickersham, made public today.
After briefly reciting the facts in the
cases which are of public knowledge, he
says:
THE evidence has disclosed a network
of corruption, not confined to the Amerl-
can Sugar Refining company, extending
over a period of years, affecting both i'm
porters and officers of the government
and it is as yet premature to state the pre-
else extent of the conspiracy or the amount
of the revenues Of which the government
has been defrauded. While it is feared that
the statute Of limitations may have run in
favor of many of the malefactors who are
responsible for these frauds, yet no ef-
fort will be spared to ascertain the pre-
else amount of which the government has
been defrauded, to recover all moneys due,
and to punish all those who may be found
to have participated in any respect in the
frauds, whether as officers or agents of
the importers or as officials of the gov
ernment. / earnestly request a special APP
preparation of $4,000 to enable this work
to be effectively prosecuted"
Commodities Clause obligation.
! Further litigation touching the com
modities clause cases" arising under the
interstate commerce law is promised by
the attorney general. Discussing the de-
cislon of the supreme court in these cases,
Mr.. Wickersham says it does not 'neces-
sarily determine the application Of the
statute to cases where the commodities
transported are owned by a corporation,
all, or substantially all, of whose stock is
owned by the carrier corporation at the
time of transportation and especially where
the carrier shall have tranesferred all of
it's interest in such commodities to a cor
poration formed for the express purpose
of evading~the prohibition of the commodi-
ties clause. and all or substantially all OF
the stock in which is owned by the carrier
"Those questions will be presented for de-
termination in the courts If the prohibition
Of the statute can be successfully evade6
by the simple device of transfer of owner.
ship Of the property to a corporation, al
of whose stock shall be owned or con
, trolled by the carrier, congress should
amend the statute so as to make 1t al
effectual and not merely illusory prohi
bition, or else repeal it,"
Prosecute Lnnd Fraud.
} In the matter of public land fraud prose
cutions the attorney general makes it clea
his determination in no respect to abat
the effort to undo, as fas as may be, tn
frauds which have been so long tim
! perpetrated in the procuring for privat
individuals of portions of the public do
main contrary to the conditions unde
which congress has authorized these land
] to be patented"
Important recommendations contained II
the report include those of broadenin
OF the right of appeal of the governmen
in criminal cases; a repeal of section sc
of the revised statutes regarding evidenc
in criminal cases, the enactment of a gen
L eral immunity statute to meet the cond
; tions which arise in the endeavor to pre-
cure testimony for the government; fay
y oring national law providing for indeteI
. inmate sentences and a modification of tn
statute fixing the punishment for embe7
clement or misapplication of the funds {
a national bank at Imprisonment for fiv
years.
The attorney general refers to the III
: satisfactory conditions at the District
Columbia jail, which he says is a reproac
Il to the national government, and he carr
estly recommends an appropriation adj
quate to make necessary improvements