New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-28
CASES WILL GO TO
SUPREME COURT
Presidents Right to Coeroe
by Pardon Is the Big
Point at Issue.
JUDGE CITES JEFFERSON
Rich Smugglers. Whose Crime
Inspired Action, Free Under
Suspended Sentence.

SuSpeHQcQ OcHttUSC.
Sustaining the right OF the President
TO issue a pardon TO person who has
not been convicted of A crime, Judge
Hand in the United States Court yes
terday imposed a fine of 500 each on
George Burdick, financial editor. and
William L. Curtin, ship news reporter,
Of The Tribune, for contempt in re-
fusing to disclose the source OF their
information in connection with the ex-
elusive publication in The Tribune Of
stories on the Littauer and Heitmeyer
smuggling cases.
In addition, Judge Hand said that
Mr.. Burdick and Mr.. Curtin might be
committed if. on appearing before the
present or subsequent grand juries,
they fail to purge themselves of con-
I tempt by testfyng fully as TO their
sources of information in the Two
cases referred 10.
holds that the refusal OF Burdlck and
Curtin 10 accept the pardon of the
President took from them any priv
iege they might claim OF refusing to
answer the questions on the ground
that it might tend to incriminate them.
The President had right To issue such
pardon, even If the defendants had not
been convicted OF crime, he con-
tended. Consequently. the defendants
were in contempt by their refusal 10
answer the questions put to them, even
though they pleaded that it would in
criminate them.
Judge Hands decision will be sp-
pealed TO the Supreme Court but the
method Of procedure has not yet been
decided upon. TWO ways are open.
one is for Henry "a. Wise. counsel for
the defendants, to apply for o writ OF
error, which will act as A stay. tho
other. for tho two defendants TO ap-
pear before the grand jury and still
refuse to disclose their news source.
In the latter case they would be
committed, and Mr. Wise could then
take the case to the Supreme Court on
a writ Of habcas corpus.
Advance Pardon Question.
United States Attorney H. Snopden
Marshall said yesterday that there
| would he nothing further done IN the
/ case for couple of weeks at least.
/ I'm the mean time he and Mr. Wise Will
hold conference to decide OF the
most expeditions way in which the
case can be taken 30 the higher court
/ and the questions involved presented
squarcly to it.
When the case reaches the Supreme
| Court il will be the first time in the
history of this country that the ques-
ton of the right of the President tc
grant q pardon to person not con
vjctcd of crime will have been pre-
/ scented TO that tribunal
Mr.. Wise was disappointed at Judge
I Hands decision, but he refused 4,
comment on it yesterday.
81 do not think lawyer should dis
J cuss his cases in the columns of the
newspapers he said. What he has
10 say should be said in his arguments
before the courts Il would be unbe-
coming for me TO discuss Judge Hands
opinion. All can say is that am
disappointed My clients will seek b.
/ appropriate means 10 have the deci-
4 L., h.. fff1A
/ have nothing more TO say
| The case is one that has excited un-
usual interest. There was no question
as 10 the accuracy Of tho smuggling
stories printed exclusively in The
! Tribune. What the District Attorney
wanted 10 find out was where The i'm
formation came from, and Mcssrs
Burdick and Curtin refused TO tell on
the ground that IL might tend 10 in
criminate them. Mr.. Marshall then OBJ
tain ID a pardon for them from the
President freeing them from any crime
they might have committed in answer
| ing the questions.
Mr.. Burdick and Mr.. Curtin refused
/ 10 accept llltSt pdihobS. oii Alt sAVhAD
that they had committed no crime. and
1T is on this particular point that Judge
| Hand dcvotes most of his opinion he
holding that it undoubtedly Is the one
| question in the case.
| His contention is that the President
has a right TO grant "A pardon TO per-
sons who have never been convicted,
and the procedents he quotes TO sus-
| tain his contention 80 back To time
when President jefferson issued a par
don to a witness In the trial of AARON
Burr. although the question of priyi-
legc was not raised at the trial itself
| lie says. however. that IT shows that
this practice was used as carly as 1904
Judge Hands Opinion.
Judge Hand, I'm his opinion. suys.
There Is concededly only one question