Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-04
BAR TO PROGRESS
Politics Chief impeachment to
Criminal Prosecutions.
OPINION OF w. I. DENIS0h
Assistant Attorney General Dis
cusses Sugar Trust Cases.
UPH0LDS THE FINES IMPOSED
Tells Washington College Of Law
Students the Amount Was
Entirely Sufficient.
OPINION OF w. 7. DENIS0h
UPH0LDS THE FINES IMPOSED

Students the Amount was
Entirely SUFFICIENT.
Denouncing politics as interpreting. but
unsuccessfully. to defeat the sugar fraud
cases; declaring that not the laws delay
but politics is the chief cause OF the inef-
fectiveness of the criminal law. and de-
Tending the sufficiency of the fine of
S134OOO, the penalty imposed upon the
sugar company. Assistant Attorney Gen.
eral winfred T. Denison divulged some
inside history of the famous sugar inves-
tigation, speaking last might before the
Washington College Of Law.
The occasion was the juniors fifteenth
annual banquet, with the class OF 1913 as
hosts given at Rauschers. A dist1n-
guished assembly of guests was present,
in addition to the members OF the three
classes.
Mr.. Denison's Address.
Mr. Denison said in part:
Some Of the inside history Of tho
sugar fraud cases can now be stated, for
the passage of time since the substantial
completion Of the litigation has given US
a perspective and has also removed the
danger of doing injustice.
..When Secretary Stimson. then United
States attorney in New York city. was
ms ,ructed by President Roosevelt to take
up these cases, the important lines winch
the prosecution must develop were al
ready apparent.
Starting with that small piece OF steer
spring (the two-million-dollar steaD.
which Parr caught in actual use IN one
of the scales of the Havemeyer & Elder
refinery, it was necessary TO follow tle
trail on and up. and then out into various
directions.
Criminal prosecutions must b had all
along the line; the corporation must De
CONF elled to restore the stolen duties; the
corporation must itself be punished by
fines; the sugar importers must be In
vestigated, both at New York, and else
where, and, above all. the custom mouse
must be cleaned, and punishment meted
out to the criminal government en-
The disastrous failure. of our criminal
law. coupled with the obvious difficulties
of getting proof on the merits. seemed
almost to put such campaign beyond
any possibility Of success.
Program Of Wide Scope.
Putting that celebrated camel through
the eye Of that needle has seemed to
many of US in this country almost
an imagination of child's play compared
with the job Of putting the money OF
great criminal corporation into the pub
lie treasury, or Of putting any Of its
officers into the public prison; and here
addition to those things. the Investigation
other importers Of sugar in New YORK
and elsewhere. and, most d1mcult ana
important Of all, the cleaning Of the
house, In which lay accumulated the
nastiness and crime of a half century
of the basest elements OF our politics.
The ineffectiveness OF our criminal
1ox in, nnd0uhted.
ly been due In some degree to the per
sistence in our courts of traditional tech
nicalities. now happily being swept away
by the courts themselves. under the lead
efship of the Supreme Court Of the
United States; but in my judgment the
chief cause of this shameful failure has
been not the laws delays, but politics.
"Politics. II 1t had had Its usual way.
would unquestionably have defeated
the sugar fraud cases.
'1dr. Stimson. for instance. would
never have been appointed district 1t
torney IL the political standards and
requirements of the organization had
been observed: and If, when appointed.
he had yielded to the demands Of the
organization and given 1t the appoint
ment of his subordinates as patronage.
he could not have had the staff neces-
safy to carry the details either of the
sugar fraud cases or of any of the
other government prosecutions he con-
Quoted.
permitted themselves to be defeated in
the enforcement of their criminal laws
land. indeed. in the proper conduct OF
their whole governmental servfce) Dy
the political patronage system: and we
are apparently only beginning to
realize how enormous has been the
cost Of the error in the public money,
the public good and the public honor.
Politics in Another Form.
But politics appeared at the very
threshold of these cases in a quite
different and more direct way.
"a speedy disposition of the cases
against the corporation itself was alb
solutely essential to the campaign. not
only because 1t was the necessary pre-
liminary to any criminal prosecutions
of individuals and to the custom
house cleaning, but for another and
even more essential reason.
1.-The presidential campaign of 1903
was drawing to its close when these
cases came to Mr.. Stimson's ONCE. He
had long been anxious to return to his
private practice which his partner had
been conducting, and after several ef-
forts to be relieved he had finally an
nounced that he would not serve be-
yond the term ending the next 4th of
March.
THE sugar company was therefore
Immediately notified. in the end Of Au-
gust. that unless complete restitution
plus penalty. were forthcoming in
the meantime. suits would be begun
the 18th day of September.
This day was selected because 1t
was the last day on which suit could
be brought with a certainty Of trial
before Mr.. Stimson should leave Office,
and 1t was vital that SO important
horse should not be snapped in the
middle of unpleasant stream.
Counsel Makes Denial.
I'm the latter part of August, and i'm |
mediately in response to the demand upon |
the sugar company. one of its counsel APP |
peared and the situation and the demand |
Were stated to him At first he COM |