Evening star., 1911-01-06
HOLDS FINES INEFFECTIVE
Imprisonment Must Be inflicted for
Violating Law.
REVIEWS CASE OF W. S. HARLAN
Denies Pardon to Wealthy South
erner Convicted of Peonage-Great
Pressure to Obtain Clemency.

istration to bring about prison SEN
tences for rich men violating the law
and not permit them to escape with
fines. To relieve such men from the
penalty of Imprisonment, he says. would
give real ground for the contention
that it is only the poor criminals who
are really punished.
In denying a pardon to w. S. Harlan,
q wealthy man convicted in Florida OF
peonage, tho President declared that
fines are not effective against men OF
wealth. Imprisonment is necessary.
President Taft reviewed the papers
in the case of Mr.. Harlan with the
greatest care. In passing upon them
as they came from the Department OF
Justice, Mr.. Taft writes 900 words i'll
reaching his final decision. He gives
the. history of the case in detail.
The Presidents Decision.
The President says In his decision of
the case:
wv. S. Harlan is the manager of a
great lumber and turpentine company do
ing business in Florida and Alabama.
With two or three other employees Of the
company he was indicted in the United
violate the peonage statutes; that is, to
compel a laborer against his will to re-
turn to the company and work out debt
owing by the laborer to the company. He
was tried and convicted. with two others,
and was sentenced to eighteen months in
prison and to pay fine of 5000.
Mr.. Harlan Is a man of great enter
prise and Of good business reputation,
and has invoked and secured the SYM
ht- a nd Tot nf . ,hn fo
industrial development of the country in
The neghborhood Of his activities in the
south, as we'll as OF many prominent citi-
sens of Iowa, where he was born and
have intervened with much earnestness in
his behalf. All this has led me to ex-
anime the case with great care.
Foreign Laborers Engaged.
The offenses charged grew out OF the
effort Of Mr.. Harlan's company to Sc
cure $50 laborers from New York, in
cluding quite a number Of recent Hun
garian, Bulgarian and other immi-
grants. They were brought in par
ties Of from twelve to twenty-five by
sea to Savannah, and thence to the
company's plant, situate partly in Ala
hama and partly in Florida, near the
line between the states. The contract
Oh Tie CoIupdHS Will SdCu pup
ulated for a certain wage per day, and
provided for a repayment to the COM
pany out OF the wages earned OF the
cost of his transportation, SIS, from
New York. The evidence clearly show
ed that on the way from Savannah to
the companys settlement q number at
tempted to escape, and were physically
detained and brought to the place OF
work. There was also much evidence
to show that physical punishment, II
inSnirp6
among the foreign laborers at the tur-
pentine and logging camps Of the COM
pany. by whipping those who attempted
to leave the company's employ before
working out their debt to the COM
pany. The testimony was specific and
detailed in cases Of attempted escape
of such laborers. showing their pursuit.
capture. terrorism by display OF revol-
vers and. in one or more instances, ac-
tual whippings.
Charge Against Harlan.
THE first indictment charge against
Harlan and others a conspiracy to arrest
and return to peonage and service enc
Rudolph Lanninger. Lanninger was one
of those who attempted to escape on his
way to the camp from Savannah. He
was captured and carried to the camp.
II was his second attempt to escape and
his capture that formed the basis Of the
indictment on which Mr. Harlan was con-
victed.
Mr.. Harlan's counsel and his earnest
advocates and friends urge that the evil
dence does not connect him with the pur-
suit of Lannsnger. his capture or his COM
pulsory return to service, or with any
system OF terrorism. and they deny his
knowledge or responsibility for them, and
affirm his complete innocence.
Harlan Responsible.
IT am sorry to disagree entirely with
this view. 80
After reading all the evidence in the
] am convinced beyond reasonable doubt
that the pursuit. capture. return to sery.
ice and forcibie retention of Lanninper
was only one act of a number of similar
acts which were in pursuance of a wei
understood and approved plan authorized
BY Mr.. Harlan to secure and retain need.
cd labor Of this imported kind for hi,
business. IL Is utterly immaterial thai
he may never have known nor heard O,
Ianninger, or OF the particular subordi
mates who pursued and arrested him
II. az was the fact, 1t was all done in pur
suance OF system or plan he approved.
imprisonment Deemed Necessary.
The government Of the United State,
4Aeo cSeh - great pains ana cost to SUP
press peonage. 1t Is much more likely I,
be maintained successfully where. as II
these cases the laborers are foreigner.
and do not speak English and hardl,
know their rights. II Is a kind OF Of
Tense that Is regarded lightly in som,
communities. II permitted TO live at al
it will spread rapidly Its demoralizin,
influence.
when. therefore, a man Of high busi
ness standing and large enterprises Il
convicted Of the offense the unishmen
should be such as to deter others from
the practice. Fines are not effectty
against men Of wealth. Imprisonment 4
necessary. ! am well aware of th
grievous character OF confinement In iai
TO = man Of Mr.. Harlan's standing, an,
should be glad to yield to the urgen
appeals OF his many friends, but canno
do 30. i believe him to be guilty of tn
charge OF which he has been convicted
To retain and enforce the Imprisonment
fully TO prevent a recurrence Of such OF
lenses by men Of large affairs and busl
ness standing. To relieve such q on
from the penalty of Imprisonment whe
properly convicted and sentenced woul
be to break down the authority OF tn
law with those of power and influence
and would tempt on their part furthe
breaches. What is worse. 1t would Civ
real ground for the contention so ofte
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