New-York tribune., 1922-10-21
Dry Net Snares
Y. s. Attorneys
Chicago Office
Investigators IrnpIicate Poll
ticiana, lawyers: Brewers
and Boofleggers ia Sweep.
ing Repors ON Traffic
Personal Blame Not Fixed
Ginnir, Charges Upheld;
Special Attorney Urged
TO Fix Responsibility

W r..
mas Assistant United States DEetr;ct
f.sorney, against the conduct Of Dts-
sriss attorney Charles T. Clyae's Office
ann hsraAing at various politicians.
PoItieal lawyers, brewers and bootleg
gers OF high and low degree. are feu,.d
py the Ialrsan-M Montgomery report %
pe well founded" as regards general
conditions" The appointment of spe-
tfon il urgea.
xila report, made public to-day. wau
prepared by Colonel Edgar B. Tolman
ana john r. Montgomery. as special
assistant attorneys General. following
E thorough investigation Conducted hv
aipecn q. Clahaugh, former head Of
tne buraau Of Investigation of the De-
4 partm.nt of Justice in Chicago.
Gc'cnel Tolman and Mr.. Montgom ery
were appointed to direct the investira.
zion aiter Colonel Clinnin filed a Pc
gition before Federal Judge George A.
Carpenter, demanding an inyestira.
tion. A copy of the Tolman- Mont
Fomery report has been placed ia the
hands OF Judge Carpenter. Colonel
To-day. 80, - - =
Mr. Clabaugh submitted to the at
gmeys 9 report containing evidence
5pvoiv,ng prominent politicians, both
Republican and Democratic. in the col
sesction Of graft from brewers and
ncctlexgcrs, and In the fixing" Of
rrohibition and other cases.
Too Many No-BilI Cases
open court proceedings to clean up
fsG woefully tagging docket and to
recpen certain cases long pending and
alleged to have been afSed,s' thus lar,
and the appointment of special prose
Sutor. the report says, will settle the
question cf personal responsibility
aimed at In the original Clinnin bills.
The substance of the Clinnin charges
made in his petition fled before Judge
Carpenter follow:
+ That there were too many no bills
found in liquor cases where evidence
justified prosecution. s@
~. That cases were nolle pressed aud
dismissed when they should have been
prosecuted.
3. That violations of law were re-
ported but not presented to the grand
Jury.
4. That since the passage of the Vol.
stead act there had been systematic
and protected traffic in liquor.
o. That certain lawyers had received
advance information concerning cases
IN which they were not attorneys of
record and had also received unusual
L
without the knowledge Of attorneys Of
record.
The findings of Attorneys Tolman
and Montgomery are.
II. The charges implied in the Clin-
min petition are not specifically directed
BY name against any individual. Viewed
as statement of general conditions
We find them to be wen fonnded. :
This finding is not to be under
Stood as dealing with the question of
personal responsibility for the condi-
lions disclosed by the examination and
report We have concluded that we
ought not to express an opinion on
that subject for the following reasons:
Special Prosecutor Advised
s'First The investigation would
necessarily be greatly extended be-
fore a final Judgment on that subject
could be safely formed.
"Second--Even il we reached a con-
- ciusion on the subject of individual re-
sponsibility, we might be mistaken, and
the publication of our views might do
irrerarable injustice.
.Ihird-There is method Of pro-
cedurc for the determination Of such
questions and 1t is stated in our recon.
snendations.n
In respect to findings regarding
the District Attorneys department Of
Chicago, contained in another part d
the Tolman-Montgomery report, thu
following recommendations are made
af--We recommend the appointmen
OF specal prosecutor TO bring to tria
certain pending cases. the develop
znents from which may reveal th
source Of personal responsibility fo
these conditions
Ng--JNa ropdo,ov Sbn -.
pervision of law enforcement In til
District Attorneys office as inefficient.
In the sense that the report fails 1
Ak responsibility for the failures /
law enforcement revealed, and the If
vestigators failed TO pursue their II
yestigations to this conclusion, 1t is
disappointment.
80 The recommendations made h
Messrs Tolnan and Montgomery col
elude:
"There Ia no remedy for lawlessne,
At ali comparable to prompt and &,
4 ergetic prosecution Of those who q,
accused Of crime. We therefore re
|1sI cmmend:
II. That there be appointed a speci
~ 'osecutor Of recognized ability al
dependence, who would press to tri
ronlptly certain Of the pending cas-
nd complaints which we wouId desi
aate. These regular court proceedin
would, we believe, bring out the fac
/ more fully and accurately than al
grand jury investigation or hearing
open court based on the Clinnin pei
sition. If this course were adopted al
I Nsuch prosecutor were given a fr
hand and full support, we believe
\ would result in such disclosures
4 would settle in large measure &
q sQnestion of personal responsibility.
4 Would Make U. s. Attorney Liable
j We approve the Yecommendati
i sEof the examiners for a thorough r
Il sorganixation Of the Office and the
a |seggastions as to the adoption of mo
u lefficient and complete methods of b
ID Incorporation Of cases and of the kee
IA slsng Of records and hles.
~ 80. We recommend that the Unit
~ States Attorney be held responsible 4
&S sifhe selection of his assistants and {
81 53xheir sshseauent oficial conduct
~ There can be no real enforc
rae Rvs OF the United Stat
81 stnnless the officers of the United Stat
Ss.ssAttorney be entirely freed from {
4 4&possibility OF political control. If
N1s anuer obligations TO any polite
s 1action or leader, those who are in j
heilion against law will find some vi
n ;;tD secure immunity from punikhfnel
~ sEvery law Of the United States cou
r. - < -. ~