Every evening, Wilmington daily commercial., 1921-08-26
WAR PROHTEERS MAY
ESCAPE PUNISHMENT
Statute OF Limitations Now
Held as Bar to Prose-
cutions. /.

Washington. Aug. 2s.-The ad-
ministration's plan TO prosecute the
war profiteers as announced morn
than two months ago Is in danger OF
collapse ny operation Of the Salute
of Limitations. which hats Procedure
In certain criminal cases after three
years from the time of commission
Of the offense.
Legislation to meet the situation has
been sought by Attorney GenG nj
paugherty. II IS believed that most
OF the cases In which action was con-
t..mp,ated cccurred while the war was
in rrogress. Comparatively few con-
tracts were entered into after the
arrni' iice and those were uhiinportant.
Among cases which We're recon-
meuded by the Congressional lnvesti-
eating Committee on War Expendi-
lures for action was that of the
standard Steel Car Company, IN
which Secretary of the Treasury
Mellon was formerly a leading di-
rector. II is not yet definitely known
IL this is one of the cases in which
the statute Of limitations is already
operative.
The Graham committee recon-
mended action also in regard to con-
tracts for the construction Of Nitro,
w. Va. and for furnishing toiuol.
salmon and other supplies.
Mr.. Daugherty wants the statute OF
limitations in crir1inal cases IN
creased from three to six years TO
apply generally. Representative Ora
ham (Rep- ND introduced n bill
Monday and the House Judiciary
Committee reported it favorably
Tuesday. but il failed of enactment
There is little chance now that It VIII
Hccornc law before Nov. IL, and per-
hans not until the regular session IN
December.
The. reason that no cases have been
started. il is said. has been the ina
hility of the Department Of Justice to
get its evidence together in time. The
following proviso is proposed in the
Graham bill to be added TO the pres
ent law:
THAT in any offenses involving the
defrauding or attempt 10 defraud the
United States or any agency there
OF. whether by conspiracy or not. and
I'm any manner and now indictable
under any existing statute. the period
Gt tif0ltthilNn SAstAi HN SA&
shall not begin to run until the
fraudulent transactions are known TO
this Government. This act shall
apply to all defenses or transactions
when the existing statute Of llnita-
tions has not yet fully run up, but
this provision shall not apply TO acts.
offenses or transactions which arc
already barred by the provisions of
existing law"
According to Mr.. Graham there Is
the possibility that many cases are
barred already, although he has not
been informed as to their real status
by the department.
IF an efrense was committed after
the war began and up TO the time
Of the arnnistice IL win be barred on
Nov. IL" he said. IF il arose after
then and the extension Of the law is
adopted il viii not be barred. All
cases that occurred before Aug. IS
1918. are now barred They cannot
be prosecuted. The purpose of eN-
tending this statute six years is not
for war crimes alone, but for all
crimes.
We could not go hack with this
nendment to cases that are already
AIRED. Any law that would attenlp:
, make the vioiators subject TO pun
ament would be an ex-post facto
e, and therefore unconstitutional