New-York tribune., 1909-01-05


Trust investigations at Chicago. which resulted
in successful prosecutions.
In view of Mr.. Busbeys position. I have ac-
cepted the above quoted statements fairly
expressing the real meaning and anirnus of the
attacks made In general terms on the use OF the
Secret Service for the punishment of criminals.
Furthermore. in the performance of my duty, to
endeavor to find the feelings of Congressman on
public questions of note I have frequently dis
cussed this particular matter with members of
Congress: and on such occasions the reasons
alleged to me for the hostility Of Congress TO
the Secret Service, both by those who did and
by those who did not share this hostility, were
almost invariably the same those set forth
that these allegations as TO the Secret Service
are wholly without foundation In fact
THE REAL ISSUE.
But all of this is of insignificant Importance
compared with the main, the real. issue This
issue is simply, Does Congress desire that the
government shall have at its disposal the most
efficient instrument for the detection of Grim
inals and the prevention and punishment OF
crime. or does 1t not? The action Of the House
last May was emphaticay an action against
the interest of justice and against the interest
of law abiding people, and in its effect OF benent
only to lawbreakers. am not now dealing Win
motives whatever may have been the motive
that induced the action of which speak, this
was beyond all question the effect of that acton;
Is the House now willing to remedy the wrong?
For long time contented myself with en-
deavorng to persuade the House not to permit
the wrong speaking informally the subject
with those members who. j believed. knew any
thing of the matter. and communicating officially
Secretary of the Treasury. In letter 70 tne
Speaker on April 30 protesting against the cut
ting down of the appropriation vitally necessary
if the Interstate Commerce Commission was 10
carry into effect the twentieth section OF the
Hepburn law, ! added: THE provision about
the employn1ent of the Secret Service men will
work very great damage to the government in
its endeavor to prevent and punish crime
There is no more foolish outcry than this against
spies: only criminals need fear our detectives
G inclose copy of the whole letter, marked "Ap-
pendix c." The postscript is blurred in my
copybook and two or three of the words cannot
be decibhered) These methods proved unavai-
ing to prevent the wrong Messrs. Tawney and
Smith and their fellow members of the Appro-
priat1ons Committee paid no heed TO the pro-
tests; and as the obnoxious provision was
incorporated in the sundry civil bill, II was
impossible for me to consider or discuss 1t on
its merits ] should have done had it been in
q separate bill. Therefore I have taken
the only method available, that of discussing IL
in my message to Congress; and as all efforts
to secure what l regard as proper treatment OF
the subject without recourse to plain speaking
had failed l have spoken plainly and directly,
and have set forth the facts In explicit terms.
Since 1901 the Investigations covered by the
Secret Service division-under the practice
which had been for many years recognized as
proper and legitimate and which had received
the sanction of the highest law officers of the
government-have covered a wide range OF Of
fences against the federal law. By far the most
important of these related to the public domain,
as to which there was uncovered a farreachfng
and widespread system Of fraudulent transac-
tionS involving both the Illegal acquisition ana
the illegal fencing of government land; and, In
connection with both these offences, the crimes
of perjury and subornation of perjury. some
of the persons involved In these violations were
of great wealth and Of wide political and social
influence. Both their corporate associations and
their political affiliations and the lawess char
acter of some OF their employees made the IN
vestigations not only difficult but dangerous
In Colorado of the Secret Service men was
assassinated. In Nebraska it was necessary 10
remove a United States attorney and a United
| states marshal before satisfactory progress
could be made in the prosecution of the Of
| tenders.
The evidence in all these cases chiefly
I secured by men trained in the Secret Service
and detailed to the Department of Justice at
the request OF that department and OF the De
nartment of the Interior In the State of Ne
braska alone sixty defendants were lnolcteu'
and of the thirty-two cases thus 1ar orousnt t -
trial tventy-eight have resulted IN cohNlCtloh;
two of the principals, Messrs. Comstock anu
Richards men of wealth and wide influence pe-
! ing sentenced to twelve months in jail and nned
81 200 each The following Secret Service
memorandum made in the course Of pendlng
| case illustrates the ramifcations OF interest
with which the government has to deal:
Charles T Stewart, Of Council Bluffs, was
| indicted at Omaha for conspiracy to defraud
the government of the title to public lands In
| Mcpherson County. Neb.; also indicted FOR
maintaining an unlawful inclosure' OF the
public lands and also under indictment for
neriIIrv in connection with final proof sub
Tnitted by him on lands filed on by him as
homestead In his final proof ne sWore that
! he and his family had resided on tne ianos
in Mcpherson County (Which within his
/ unlawful fnclosure), when q matter or
! fact his family has at all times resided In
! Council Bluffs Iowa. He Is engaged III tie
wholesale grocery business his store oelng
: located in Omaha in the wholesale dlstrlcC
! there He is reputed to be quite wealthy
Stewards attorneys are Harl & Tinley OF
| Council Bluffs. Iowa, who are also tne at
torneys at that place for the Omaha q
| Council Bluffs Street Railway Company, In
/ which company Harl holds considerable
/ stock Stewart being also stockholder ana
! nossiblv director of the company. He is
| also represented In Omaha by W. j. con-
J nell one of the attorneys there for the same
company Stewart is also represented III MS
| perjury case by Bill Gurley, or Omaha-
Nah who at one time was quite closely con-
| nected in a political way with the U r
r r. Company; Stewart Is also closely
! associated with c. B. Hazleton, postmaster
| ~ CounciI Rluffs Harl & Tinley and Haze-
! TON are all members of the same lodge. An
! other close personal friend OF Stewarts IS
| ..E6r Hart alias "Waterworks' Hart, presi-
! 5ar+ 1f ths Council Bluffs Water Company.
! and interested in the street railway. SteT
| art'e father was interested in. and practically
! owned and controlled during his lifetime
| Iarea ranch along the u. P. r. r. In Ne
| brasks and did great deal Of business with
that road.
Concernlnp this case the United States Attor-
| ney at Omaha states: There are three , cases
against Stewart, one for fencing one cohsp a.
! one perjury, all gooo cases aiiu eh'H ~
| viction good" ..,r
| the government has by decree 6ecured 1he r. r.
| turn TO the government OF over hiillioh 49, a.
| % M Ira9ine land; in Colorado of more than TWO
| tbo9Tsand acres of mineral land. and suits are
! nou@ nenGing involving 10000 acres more
| '.u tbesa investisations in the land cases were
! rndartaken in consequence OF Mr.. Hitchcock
the then Secretary of the Interior peconhs coIl
vinced that there were extensive
| tions of the frauds were so 1arreachlng tnat ne
-es afraid to trust his own officials to deal IN
| thoroughgoing fashion with them one OF s tns
| unar