Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-11
NETWORK OF FRAUD
Attorney General in Report
Discusses Sugar Cases.
TO SINK THE PROBE DEEP
No Effort Will Be Spared to Pun
ish the Guilty.
ASKS FOR APPROPRIATION
Wants $4,000 to Enable Work to
Re Effectivelv Prosecuted
TO SINK THE PROBE DEEP
ASKS FOR APPROPRIATION
Wants $4,000 to Enable Work to
Be Effectively Prosecuted.
Changes in Penal Code.

In its effort to recover all moneys due
and to punish all those who have par
ticipated in sugar frauds at New York,
according to the annual report of Attor-
ney General Wickersham sent to Con-
gress today, the Department of Justice
will leave no stone unturned.
''The evidence has disclosed network
OF corruption. the Attorney General
says, mot confined to the American Su-
gar Refining Company. extending over
period of years. affecting both importers
and officers of the government. and it is
as vet premature to state the precise eX-
tent 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 maiefactors
who are responsible for these frauds, yet
no effort will be spared to ascertain the
precise amount of which the government
has been defrauded, to recover all mon
eys due. and to punish all those who may
be found to have participated in any re-
spect in the frauds. whether as officers
or agents of the importers or as OFF,
cials of the government. I earnestly re-
quest a special appropriation of $4,000
to enable this work to be effectively pros
ecuted.'
New Penal Legislation.
The enactment of law by Congress
providing for indeterninate sentences.
parole and suspension of sentences, in ac-
cordance with the latest ideas of students
of penology. is among the recommends
lions of the Attorney General.
In the development of the science of
penology,'' he says, many of the states
have enacted laws, differing I'm minor de-
tails, but the essential features of which
are practically uniform, providing that
where a person is convicted of crime
punishable by Imprisonment in a peni-
Tertiary, other than treason, murder, and
possibly one two other offenses in
dicating great moral depravity, the court
shall not fix a definite term of imprison-
ment but shall establish a maximum and
minimum term for which the person con-
victed shall be confined, the maximum
being not longer than the maximum term
prescribed by law for the offense OF which
the person convicted is guilty, and the
minimum not less than the authorized
term to which he could have been SEN
fenced: or, If there is no minimum pre-
scribed by law, then not less than one
year Provision is then made for the
parole. of the prisoner at the expiration of
the minimum term on the approval Of
either the executive or board of parole
created for the purpose.
Parole Law Recommended.
a parole law is almost a necessary
concomitant to the indeterminate SEN
tence, and is required to make the for
mer effective. In most states the indie
terminate sentence is only made appli-
cable to first offenders, and its primary
object is to encourage and assist those
who have not become habitual offenders
to become good and useful citizens.
There is no reason why the United
States should be behind the states in a
movement OF this character, and / ear
nestly recommend the consideration by
Congress of the enactment Of such a law.
In this connection, too. attention may
be called to the powers exercised by
many of the state courts of suspending
sentence. The power to suspend SEN
tence is one which is exercised but in
frequently, and is even more potent in
bringing about the reformation of the
offender and in protecting society from
repetition Of the offense than any other
method would be, and / recommend the
enactment by Congress Of a law confer
ring this power upon the federal courts. "
Interstate Commerce Litigation.
Further litigation touching the COM
modities clause cases. arising under the
interstate commerce law, is promised by
the Attorney General. Discussing the
decision of the Supreme Court I'm those
cases, Mr.. Wickersham says it does not
necessarily determine the application of
the statute to cases where the cOmmOd-
tiles transported are owned by q corpora
ton. all, or substantially all, of whose
stock is owned by the carrier corporation
at the time of transportation. and espe-
cially where the carrier shall have trans
ferred all of it's interest in such COM
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.
IF the prohibition of the statute can
be successfully evaded by the simple de-
vice of transfer of ownership of the prop
erty to corporation all OF whose stock
shall be owned or controlled by the car
rier. Congress should amend the statute
SO as to make ii an effectual and not a
merely illusory prohibition. or else repeal
IL.
In the matter of public land fraud
prosecutions the Attorney General makes
1t clear his determination in no respect
to abate the effort to undo, so far as
may be, the frauds which have been for
ing for private individuals of portions OF
the public domain contrary to the condi-
tons under which Congress has author
lied these lands to be patented"
Amending the Code.
Important recommendations contained
in the report include those for a broaden
ing of the right of appeal of the govern
ment in criminal cases. a repeal of section
$50 of the Revised Statutes regarding evil
dence in criminal cases, the enactment
Of q general immunity statute to meet the
conditions which arise In the endeavor to
procure testimony for the government,
and a modification of the statute fixing
the punishment for embczzlement or mis-
application of the funds Of national
bank at Imprisonment for Ave years.
JUVENILE COURT REPORT.
Y.l1o n Inar,.a Cksa~e. A->>>l e.