The Washington herald., 1911-05-25


officer takes the profit and the bank is
made whole and no ono is the wiser.
Then the officer comes to regard himself
as a shrewd manipulation within legit-
Innate business lines. The truth Is that
in the mad rush for wealth In the last
few decades the lines between profit from
legitimate business and improper gain
from undue use of trust control over
other peoples property and money has
sometimes been dimmed, and the interest
Of society requires that whenever oppor-
tunity offers those charged with the en-
forcement Of the law should emphasize
the distinction between honest business
and dishonest breaches of trust.
May Be Released.
walsh is seventy-three years Of age
He has been one year and four months
in prison. BY September next he will be
able to apply for release under the parole
law. His health is not good, but I do
not think from the evidence that his con-
dition is alarming or requires his release
before the time when his case may be
brought before the parole authorities.
There are circumstances which have
been emphasized by those who have rep
resented Walsh in the application for
pardon that appeal to ones sympathy,
Walsh alone. But 1t must be judged
with reference to the right of society
to have the law vindicated and crime
pustshed, no matter how influential the
convicted person or how many friends
his present pitiable condition may lead
to speak in his behalf. The opportunity
to commit such crimes is only afforded
to men who have enjoyed high position
in society and have secured the trust
..,,I <,t1 Iehs 80 80
this kind. therefore, must present some
such considerations as those referred to,
and II the Executive on an appeal for
clemency should yield to them. 1t would
defeat the object OF the law and present
a demoralizng difference between the
punishment meted out to the ordinary
criminal whose circumstances have nat
urally led him into crime. and one whose
position in society should have made
for him the strongest restraint against
violation OF the law.
Opinion in Morse Case.
Charles W. Morse was convicted Of
misapplication of funds OF the National
Bank Of North America, and Of making
false entries in the books Of the bank
and in its reports to the Comptroller of
the Currency. On appeal to the Circuit
Court Of Appeals his conviction on the
false entry charge was affirmed. He
was sentenced to Imprisonment for if
teen years in the Atlanta penitentiary
and began the service Of his term on
January 5, 1910. He had been confined in
the Tombs for ten months before he was
taken to Atlanta
Although his conviction technically
was on false entries, there Is no doubt
as to what the evidence showed general
ly, to wit, that Morse was engaged in
large private transactions in which the
maintenance of the price of certain stock
in the market was of capital Importance
to him. and he procured control of this
particular bank and other banks for the
purpose Of doing the specific thing men,
toned, which was essential to the sue
cess of his speculations. The result of
his operations was severe losses to the
bank, which forced II into liquidation.
I'm other words. he committed the
same offense against the banking laws
which Walsh committed in the case
against him, although the specific de-
tails differ somewhat in their technical
legal effect. Morse exhibited the same
and criminal disregard Of
the trust imposed upon him in the ex-
ercise OF the control over the bank as
Walsh did. Indeed, the methods taken
by Morse tend to show that more keen
" that Walsh did he realize the evil Of
what he was doing. The attorney Gen
eral says:
There is no question In my mind
but that in causing the loans in ques-
ton to be made he was actuated pri-
marily by the advancement of his own
ends. to wit. the promotion of the vari-
Gus enterprises in which he was en-
gagged, and that he was entirely un-
as to the methods he adopt
ed. He seems at times to be absolutely
heartless with regard to the conse-
quences to others, and he showed great
shrewdness in obtaining large sums Of
money from the bank without adequate
securing and without making himself
personally liable therefor
A Chief Argument.
"One Of the chief arguments made In
behalf is that since the COM
Of his offenses he has out of his
own estate made good the losses in
flicted upon the bank In the first place,
the evidence does not sustain the claim
that all the losses to the bank have
been made good by him; but even IL his
estate had met the obligations growing
out Of his fraudulent transactions, It
could not change the necessity for his
lawful punishment for the crime he COM
mitted.
walsh received a sentence Of five
years, Morse Of fifteen years. I have no
doubt from a consideration Of the facts
in each case that Morse should have
received the heavier sentence than Walsh.
fifteen years Is too great a SEN
tnce, I do not now propose to decide
This application. therefore. is now denied
as premature, but may be renewed at
some subsequent date.
"One point is made that Morse was for
ten months confined in the Tombs after
he had been convicted and sentenced to
pending his appeal to the
Court Of Appeals. and this is said to
have been a hardship because he was
not permitted to give bail. II this gives
him any claim to the reduction Of the
1t can be considered on another
application. It certainly would not affect
his present confinement and for some
time to come.
In so far, however, as this treatment
has been criticised as unduly severe,
may properly observe that It furnishes
no legitimate ground for complaint. Prior
to conviction the Constitution affords to
every one the right to bail, except in
cases Of murder in the first degree and
treason, because his innocence Is pre-
sumed; but after conviction and judg-
ment Of the court the presumption Is of
his guilt; and II the rule is enforced that
rersons convicted Of an Infamous crime
are not allowed bail, the expedition with
which appeals are brought and heard will
be greatly accelerated. Not only will
counsel for the defendants use the ut
most diligence, but courts with a knowl-
:dge of the situation will facilitate the
,earing OF appeals and their decision.