New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

Section 80 of the Criminal Code OF the
United States.
The first Of these makes it a crime
Tor two or more persons 10 conspire to
commit any offence or 20 defraud the
United States, and Section 80 makes il
a criminal offence for any person "to
promise or offer any money or other
thing of value 20 any person acting In
behalf Of the United States with intent
to induce him 10 do any act in violation
of his lawful duty" Messrs. Burdick
and Curtin each stated under oath be-
fore the grand jury that the obtaining
OF the information on which the ar
ticles were based was not through the
payment OF any money or anything
Of value. They also asserted that the
information had not come from any
Official or employe Of the Department
OF Justice.
Refuse TO Disclose Identity.
Beyond that they refused to answer
any qustions whatever the replies to
which might have resulted in q disclos-
ure of the identity of the informants
OF The Tribune, pleading the consti-
tutional privilege above referred to.
1t was clear that this constitutional
privilege so asserted was a complete
barrier 10 any success in the inquisi-
tlOn that the United States Attorney
was pursuing as matters then stood. In
this emergency the government author
tiles resorted to the extraordinary eX-
pedient, in the enGeavor 20 compel
Messrs. Burdick and Curtin to testify,
Of resCrting 10 the Pres dent OF the
United States and obtaining from him
what purported TO be a pardon, and
nh sol, al, g
in each case, read in part as follows:
Whereas, The United States Attor-
ney for the Southern District of New
York desires 70 use the said William
!. Curtin - a witness before the said
grand jury in the said proceeding for
the purpose Of determining whether
any employe of the Treasury Depart
ment at the Custom House, New York
City, has been betraying information
that came to such person in an official
capacity; and,
"Whereas, II is believed that said
William |. Curtin will again refuse to
testify in the said proceeding on the
ground that his testimony might tend
to incriminate himself;
"Now, therefore, be il known that 7,
Woodrow Wilson, President Of the
United States Of America, in consider
alton Of the premises, divers other
good and sufficient reasons me there
unto moving, do hereby grant unto the
said William |. Curtin full and un-
conditional pardon for all offences
against the United States which ne.
the said William J. Curtin, has COM
mitted or may have committed, or
taken part in, in connection with the
securing, writing about, or assisting in
the publication OF the information so
incorporated in the aforementioned
article"
Armed with these "pardons," the
government authorities again caused
Messrs. Burdick and Curtin to be sub
pGnaed before another session Of the
grand jury, and the sO-called instru-
ment8 Of pardon were thereupon ten
dcrcd 20 them, and they were again
subjected 20 the same line of question
ing ~ before. Zach Of them refused
TO accept the rrofered pardon and
each Of them continued in his refusal
20 answer the questions asked. The
grand jury caused the witnesses 70 be
presented 70 the court charged with
contempt.
Power Of Prcsiden, in Question.
The matter was argued before United
states District Judge Learned Hand.
Upon the oral argument judge Hand
expressed his belief that the case in
volyed question as 10 the constitu
tiOnal power Of the President Of the
United States which ought TO be passed
upon by the United States Supreme
Court. The decision rendered by him
vas in favor Of the government and
a0judged the witnesses TO be i'm con
tempt, but gave them an opportunity
- purge themselves by appearing on
notice before the grand jury again and
testifying fully as 10 the sources Of
their information. Thereupon the wit
nosscs we're again summoned before
the grand jury and again stoutly per-
sisted In refusing 20 answer the ques-
tiOns asked formal order was then
entered by which each Of them Was
adiudRed TO pay a fine Of $500 and
I committed 70 the custody Of the United
/ States marshal for the Southern Dis
/ trict Of New York until he should
( purge himself OF the contempt or until
I Inc further order Of the court in the
/ ptemiscs. Each % them thercupon mp
! iealed 10 the United States Supreme
/ Court, and n stay Of all proceedings
under the final order Of commitment
Continued ON psg, .. column