LITMIR.BIZ

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taken which started the uncovering of the frauds perpetrated by the Sugar Trust and other companies in connection with the importing of sugar. Loeb had from time to time told me that he was sure that there was fraud in connection with the importations by the Sugar Trust through the New York Custom-House. Finally, some time toward the end of 1904, he informed me that Richard Parr, a sampler at the New York Appraisers' Stores (whose duties took him almost continually on the docks in connection with the sampling of merchandise), had called on him, and had stated that in his belief the sugar companies were defrauding the Government in the matter of weights, and had stated that if he could be made an investigating officer of the Treasury Department, he was confident that he could show there was wrongdoing. Parr had been a former school fellow of Loeb in Albany, and Loeb believed him to be loyal, honest, and efficient. He thereupon laid the matter before me, and advised the appointment of Parr as a special employee of the Treasury Department, for the specific purpose of investigating the alleged sugar frauds. I instructed the Treasury Department accordingly, and was informed that there was no vacancy in the force of special employees, but that Parr would be given the first place that opened up. Early in the spring of 1905 Parr came to Loeb again, and said that he had received additional information about the sugar frauds, and was anxious to begin the investigation. Loeb again discussed the matter with me; and I notified the Treasury Department to appoint Parr immediately. On June 1, 1905, he received his appointment, and was assigned to the port of Boston for the purpose of gaining some experience as an investigating officer. During the month he was transferred to the Maine District, with headquarters at Portland, where he remained until March, 1907. During his service in Maine he uncovered extensive wool smuggling frauds. At the conclusion of the wool case, he appealed to Loeb to have him transferred to New York, so that he might undertake the investigation of the sugar underweighing frauds. I now called the attention of Secretary Cortelyou personally to the matter, so that he would be able to keep a check over any subordinates who might try to interfere with Parr, for the conspiracy was evidently widespread, the wealth of the offenders great, and the corruption in the service far-reaching—while moreover as always happens with "respectable" offenders, there were many good men who sincerely disbelieved in the possibility of corruption on the part of men of such high financial standing. Parr was assigned to New York early in March, 1907, and at once began an active investigation of the conditions existing on the sugar docks. This terminated in the discovery of a steel spring in one of the scales of the Havemeyer & Elder docks in Brooklyn, November 20, 1907, which enabled us to uncover what were probably the most colossal frauds ever perpetrated in the Customs Service. From the beginning of his active work in the investigation of the sugar frauds in March, 1907, to March 4, 1909, Parr, from time to time, personally reported to Loeb, at the White House, the progress of his investigations, and Loeb in his turn kept me personally advised. On one occasion there was an attempt made to shunt Parr off the investigation and substitute another agent of the Treasury, who was suspected of having some relations with the sugar companies under investigation; but Parr reported the facts to Loeb, I sent for Secretary Cortelyou, and Secretary Cortelyou promptly took charge of the matter himself, putting Parr back on the investigation.

      During the investigation Parr was subjected to all sorts of harassments, including an attempt to bribe him by Spitzer, the dock superintendent of the Havemeyer & Elder Refinery, for which Spitzer was convicted and served a term in prison. Brzezinski, a special agent, who was assisting Parr, was convicted of perjury and also served a term in prison, he having changed his testimony, in the trial of Spitzer for the attempted bribery of Parr, from that which he gave before the Grand Jury. For his extraordinary services in connection with this investigation Parr was granted an award of $100,000 by the Treasury Department.

      District-Attorney Stimson, of New York, assisted by Denison, Frankfurter, Wise, and other employees of the Department of Justice, took charge of the case, and carried on both civil and criminal proceedings. The trial in the action against the Sugar Trust, for the recovery of duties on the cargo of sugar, which was being sent over the scales at the time of the discovery of the steel spring by Parr, was begun in 1908; judgment was rendered against the defendants on March 5, 1909, the day after I left office. Over four million dollars were recovered and paid back into the United States Treasury by the sugar companies which had perpetrated the various forms of fraud. These frauds were unearthed by Parr, Loeb, Stimson, Frankfurter, and the other men mentioned and their associates, and it was to them that the people owed the refunding of the huge sum of money mentioned. We had already secured heavy fines from the Sugar Trust, and from various big railways, and private individuals, such as Edwin Earle, for unlawful rebates. In the case of the chief offender, the American Sugar Refining Company (the Sugar Trust), criminal prosecutions were carried on against every living man whose position was such that he would naturally know about the fraud. All of them were indicted, and the biggest and most responsible ones were convicted. The evidence showed that the president of the company, Henry O. Havemeyer, virtually ran the entire company, and was responsible for all the details of the management. He died two weeks after the fraud was discovered, just as proceedings were being begun. Next to him in importance was the secretary and treasurer, Charles R. Heike, who was convicted. Various other officials and employees of the Trust, and various Government employees, were indicted, and most of them convicted. Ernest W. Gerbracht, the superintendent of one of the refineries, was convicted, but his sentence was commuted to a short jail imprisonment, because he became a Government witness and greatly assisted the Government in the suits.

      Heike's sentence was commuted so as to excuse him from going to the penitentiary; just as the penitentiary sentence of Morse, the big New York banker, who was convicted of gross fraud and misapplication of funds, was commuted. Both commutations were granted long after I left office. In each case the commutation was granted because, as was stated, of the prisoner's age and state of health. In Morse's case the President originally refused the request, saying that Morse had exhibited "fraudulent and criminal disregard of the trust imposed upon him," that "he was entirely unscrupulous as to the methods he adopted," and "that he seemed at times to be absolutely heartless with regard to the consequences to others, and he showed great shrewdness in obtaining large sums of money from the bank without adequate security and without making himself personally liable therefor." The two cases may be considered in connection with the announcement in the public press that on May 17, 1913, the President commuted the sentence of Lewis A. Banks, who was serving a very long term penitentiary sentence for an attack on a girl in the Indian Territory; "the reason for the commutation which is set forth in the press being that 'Banks is in poor health.'"

      It is no easy matter to balance the claims of justice and mercy in such cases. In these three cases, of all of which I had personal cognizance, I disagreed radically with the views my successors took, and with the views which many respectable men took who in these and similar cases, both while I was in office and afterward, urged me to show, or to ask others to show, clemency. It then seemed to me, and it now seems to me, that such clemency is from the larger standpoint a gross wrong to the men and women of the country.

      One of the former special assistants of the district-attorney, Mr. W. Cleveland Runyon, in commenting bitterly on the release of Heike and Morse on account of their health, pointed out that their health apparently became good when once they themselves became free men, and added:

      "The commutation of these sentences amounts to a direct interference with the administration of justice by the courts. Heike got a $25,000 salary and has escaped his imprisonment, but what about the six $18 a week checkers, who were sent to jail, one of them a man of more than sixty? It is cases like this that create discontent and anarchy. They make it seem plain that there is one law for the rich and another for the poor man, and I for one will protest."

      In dealing with Heike the individual (or Morse or any other individual), it is necessary to emphasize the social aspects of his case. The moral of the Heike case, as has been well said, is "how easy it is for a man in modern corporate organization to drift into wrongdoing." The moral restraints are loosened in the case of a man like Heike by the insulation of himself from the sordid details of crime, through industrially coerced intervening agents. Professor Ross has made the penetrating observation that "distance disinfects dividends"; it also weakens individual responsibility, particularly on the part of the very managers of large business, who should feel it most acutely. One of the officers of the Department of Justice who conducted the suit, and who inclined to the side

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