Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-08-16
CUSTOMS OFFICIALS JOIN WICK.
ERshAM IN DEMAND FOR Sc.
WE'RE PENALTIES.
COURTS TOO LENIENT
WITH HiGH.ToNED CROOKS
Treasury Finds Many Obstacles in Way
Of Real Punishmsnt For offsnses-
Public Inclined to Look Lightly Upon
Violations Of the Anti. Smuggling
Laws.
lspe cial Correspondence. I!

II, "A
eral Wickersham is not the only official
who is complaining because he can't
get the Jail sentence imposed. The
attorney general. since he became head
of the department Of justice and got
acquainted with the ways of doing
things in violation of the Sherman law.
has been insistently urging Jail instead
of fines for the violators. He has not
succeeded in getting many offenders
thrust into the cold dank cells OF the
prison. however. Ii is an interesting
fact that inquiry among the customs
of the treasury department de-
velops a line OF complaint among them
that is closely parallel to the one made
by the head OF the department OF JUS
tice
The customs officials find their diff
Guilty in getting the laws against
and allied infractions of the
customs laws rigidly enforced. The
OF the courts is to let the
down easy and allow him 10
escape with a fine instead OF a jail
sentence. What is true OF cases OF OUT
right smuggling is true Of undervalu-
alton cases, which in many instances
are as bad or even worse than snug
Cling cases.
Find Many Obstacles.
Trea sury officials are fighting all the
while 10 get the courts to carry the
laws against smuggling and underval-
ua.ion into rigid effect. And most or
the time. they find obstacles either In
the leniency OF the courts or the un-
OF district attorneys to
push the case to the limit.
The Rosen berg case which attracted
notice in New York the other day is In
point. tho there was in that case no In
disposition OF the district attorney to
prosecute. In fact. District Attorney
Wise told the court that he wanted a
Jail sentence and would rather have
A short Jail sentence imposed than
big fine The court imposed the fine,
tho the offense against the government
was a heavy one and large sums were
involved.
Assistant Secretary Of the Treasury
Curtis. in charge Of customs. said to-
day that he was thoroughly in accord
with District Attorney Wise in the
case and that on various
occasions the department had turned
down propositions for settlement OF II.
Mr.. Curtis. however, had nothing to say
in criticism Of the court, except that
The department had done what IT could
% bring about jail punishment
Lax Smuggling Laws.
The situation as 10 lenient enforce
nent OF the law against smuggling is
said by treasury authorities to be about
this. that the law IL not carried out
with the stringency 1t should be- At
The same time. Improvements in the d.
rection OF stringency is noted. The
facts are that until the MacVeagh ad-
took hold OF the treasury
there was much laxity in enforcing the
customs laws to the letter. Inclination
was shown to deal lightly with the
and the offender guilty OF
differentiation. Between indisposition
TO punish offenders severely at the
treasury and a like indisposition in the
courts, 1t was not 20 be expected the
jails would be crowded with criminals
who had infringed the customs laws.
But last October. a step in advance
was taken when the federal courts Of
the New York circuit decided to quit
the policy Of imposing fines in snug
Cling cases and to infiict jail sentences.
Treasury officials think this a wise de-
cision and that it is having a good eff
feet. It appears the offenses charged in
the Rosenberg case were committed
before the courts determined on this
policy.
Courts Are to Blame.
The policy of the New York courts
has not been adopted elsewhere and in
other jurisdictions if there is a prose-
cution for smuggling there is a note
worthy tendency to keep away from
the jail sentence and resort 10 the fine.
1t depends. of course, on whose OK IS
gored. The average district attorney
is political appointment pure and
simple. He is put into Office by some
senator who probably has the ccntroll-
ing political machine back OF him. II
one Of the bright and shining lights OF
the machine gets caught In violating
the district attorney is going 10 tear
his shirt in order to get him sent TO
Jail or otherwise cruelty punished.
Things do not work out that way
where the enforcement Of the law de-
ponds on appointees who are deep IL
the tolls Of politics.
Publie's Peculiar Views.
It is a singular fact that there is a
strong disposition on the part Of 81
large share Of the public to look o,
offenses against the customs laws
lightly Rut the treasury OFFICIALS saw