Salt Lake Tribune | 1909-01-05 | Page 1 | Message Greeted by Loud Laughter

MESSAGE GREETED 61 LOUD LAUGHTER Mcmlicrs of House Do Not Seem to Take President's Reply I Seriously. ROOSEVELT STANDS BY ORIGINAL STATEMENTS Cites (he Record and Declares That His Contentions Are Well Upheld. WASHINGTON, Jan. -I. Unusual attention at-tention was paid in the House of Representatives Repre-sentatives today to the reading of a message from the president, replying to-a to-a resolution of that body calling on him for au explanation of the intimation in his annual message that members of Congress wcro afrafd to he investigated by tho secret service. Tho galleries were packed. The president's specific reference lo certain speeches by Messrs. 'lawney. Minnesota; Smith, Iowa; Sherlcy, Keu-tuckj', Keu-tuckj', and Fitzgerald, New York, when the provision for tho restriction of the operations of the secret service was up for discussion, and also to Mr. Busby, tho speaker's private secretary, called forth a storm oi laughter. Tho speaker, at times, vigorously rapped for order. As tho reading of the message proceeded pro-ceeded manv of the members chuckled, others laughed outright, while some were prone to .ioko with their neighbors. Facetious Motion. When the reading had been concluded Mr. Perkins of New York, chairman of the special committee, moved that tho message bo referred to that committee. ''Ts an amendment in order to that motion?" inquired Mr. Griggs of Georgia in a deliberate voice. "It is," replied the speaker. Th.-n." said Mr. Griggs, "I niovo thn i- messago bo returned lo the privi .at." "Oh. no." shouted several of -Mr. Griggs's Democratic colleagues. Mr. Perkins insisted that tho message mes-sage go o the special committee, and in the meantime Mr. Griggs withdrew his motion, saying that ho took that action at tho request of his parly leaders. The message was referred. Decline to Make Comment, Members of tlio house mentioned in tho message declined to make .1113' public pub-lic reply. . "I have no comment to maUQ. at.tjus' Uiuo," said Mr. Fitzgerald. "Whatever "What-ever comment I desire to make will bo from my pluco on the floor as a member of Congress." "Waller I. Smith of Iowa said lie would make a speech iu reference to the mention of his name, but that he would not rise to a question of personal privilege, believing that such would be to recognize an injury received. Ho intimated in-timated his comments would bo straight to the point. Following is tho text of tho president's presi-dent's messago replying lo the house resolution: Text of Special Message, To tho House of Representatives: I hav received tho resolution of llio house of representatives of December 17, 100R. running na follows: "Whereas there was contained In tho sundry civil appropriation Mil which parsed congress at Its last session and iKTumo a law, a provision In reference to tho employment of the secret servlco In the treasury department: and "Whereas In tho lust annual messnKC of th" president of tho United States to tho two houses of congress it was stated in reference to that provision: 'It Is not too much to say that this amendment has been of benefit only, and could he of henoflt only, to tho criminal classes.' and It was further stated, 'The chief arcu-inent arcu-inent In favor of the provision was that the congressmen did not themselves wish to ho Invest Isated by secret servlco men.' ! and It was further stated: 'But If this Is I not considered desirable a spoclai exception excep-tion could be made in the law, prolnb-lllntf prolnb-lllntf tho use of the secret sendee force In Investigating members of congress. It would ho far better to do this than lo do what actually was done, and strive to prevent or at least to hamper effective) action against crimlnaTs by the executive execu-tive branch of tho government'; and. Interpretation Given. "Whereas tho plain meaning of the above words Is that the majority of tho congressmen wero in fear of being Investigated Inves-tigated by r.ecrot servlco men and that congress as a whole- was actuated by that motive In enacting1 the provision In question; and "Whereas your committee appointed lo consider these statements of thy president presi-dent and to report to the houso cannot find In Iho hearings before committees nor In the records of the house or senate, sen-ate, any justification of this. Impeachment Impeach-ment of the honor and Integrity of tho congress: and "Whereas your committee would prefer pre-fer In order to inako an Intelligent and oiinprehenslvo report. Just lo tho president presi-dent as well as to the cougYoss, lo have all the Information which the preHident may have to communicate: .Vow, therefore, there-fore, bo It "Resolved, That tho president he requested re-quested to transmit lo the house any evidence upon which ho bused his statement state-ment Unit the 'chief argument iu favor of the provision was that the congressmen congress-men did not themselves wish to be Investigated Inves-tigated by secret service men.' and also lo transmit to the houne ;iny evidence collecting oily memher of Hie house of representatives of tho Sixtieth congress with corrupt action in his official capacity, capac-ity, and 10 Inform the house whether ho has Instituted proccdlngs for the punishment pun-ishment of any such Individual by the courts or has reported any such alleged dullnciucnclcs to tho house of representatives." representa-tives." Denies Making Changes. I am wholly at a loss to understand the concluding portion of tho resolution. I have made no charge. of corruption against congress nor against any member of tho present house. If I had proof of such corruption affecting any member of the house In any matter as to which the federal government has jurisdiction, action would at once ho brought, as was done In the cases of Senators Mltehell anil Hlirton. and Representatives Williamson. Wil-liamson. Jlerrmunn and Drlgjjs. at different dif-ferent times since I have been president. This would simply be doing my dutv In the execution and enforcement of" the lows without respect to nervous. Mat I do not regard H as within tho province Continued on Page Three. PRESIDENT ARGUES TO THE HOUSE THAT HIS I "SECRET SERVICE'' STATEMENTS WERE MISUNDERSTOOD I Continued From Page One. i tho duties of t he prcsirlent to report o tht house "alloKCd di'llnquynclca" of icmbers. or this supposed "corrupt nc-lon' nc-lon' 'of a monihiM' "In his offlelul capne-:" capne-:" Tho membership of tho house Is V tho constitution ;pl:iccd within tho Qwcr of tho house alone. In tho prosc-,ll!on prosc-,ll!on of criminals and' the enforcomenl t thf- laws tho president must resort to lie- courts of tho United States. In llio third and fourth clauses of tlit rcaniblc It is -stated that (tie meanlnj: f my -words la that "the majority of lie congressmen are in fear of behty lu-estlgatod lu-estlgatod by secret service men" and iiat "consress as a whole was actuated y that motive In enactlnp the provision question." and that this is an Ini-cachment Ini-cachment of the honor and integrity of le house. These statements are not. I link, in accordance with tho facts. Tho ortion of my message referred to runs s follows: Cites Part of McsEagc. "Last year an amendment was incor-urated incor-urated in tho measure providing for the ?erct service, which provided that there lould be no detail from the secret serv-e serv-e and no transfer therefrom. Jt Is not o much to say that this amendment is been of benefit only, and could be of LMieflL only, to the criminal classes. If illiterately Introduced for the purpose of tiiinlshiutr the effectiveness of war ;alnst crime it could not have been jtlcr devised to this end. It forbade the radices that had been followed to a featcr or less extent by the executive ?ads of various departments for twenty .ars. To these practices we owe the '.curing of the evidence which enabled 5 to drive great lotteries out of busies busi-es and secure a quarter of a million of jllars In fines from their promoters, hese practices have enabled us to dls-vor dls-vor some of the most outrascous frauds i connection with the theft of govorn-ent govorn-ent limd and government limber bv iv. it corporations and by individuals, iu-se practices have enabled us to get ime of the evidence indispensable In or-r-r to secure tii.j cunvletlon of the enlthtest and most formidable crlml-ils crlml-ils with whom tho government has to al. both tho.o operating: in violution i'-tr fiJ1?' l'nc untl-trust law a:id others. The Sl,,4ltrtfvJnendinenL In question was of benefit Jitp J0 110 ono excepting to thr-se criminals. nDSsBflV ntl il seriously hampers the government .Wr'' t,lt; deteellon of crime and the secur-m- msI- of JlIstIu". Moreover, it not onlv sit- Y"011 departments outside of the trcas-'SaK trcas-'SaK '1"'"'' mlt ft lonJs to hamper the pecro-'SSEm pecro-'SSEm tary of treasury himself in the ef-''r!5lrl ef-''r!5lrl t0 1,t'"z,J ln employes of his ihi-ffiixfc' ihi-ffiixfc' J7-.mcnt so as to best meet the requlre--,rtf 'ncnls of the public service. It forbids thatJ him from preventing frauds upon tho tim5? customs service, from Invesligatlng lrreg-:.-rf ularltlcs In branch mints and assay of-;aul?j5 of-;aul?j5 flees, and has seriously crippled him. It r-oftKt prevents the promotion of employes In v dlSffi 1,10 secret service, and this further dls--55tt courages Kood efforL In Its present form 'vTD3?l llle restriction operates onlv to the ad-re ad-re imo vantage of tho criminal, of the wrong-Ui6 wrong-Ui6 Uj doer. 1 oa J Distinction Drawn, forw "Tho chief argument in favor of the dMkrtql provision wus that tho congressmen did I Be't not themselves wish to be investigated That'ibV. hy secret service men. Vcrv little of lo tlztV Slcl1 Investigation has been done In the :nesi &t,"lftt,l' but Is true that the work of the on s3 ce,rct service agents was partly respon-sasOKi respon-sasOKi F'n for t,,e Indictment and conviction dmlifii ( u ''onator and a congressman for lund end 5S frauds in Oregon, I do not believe that 'ornate! st ls 1,1 tlle PUDl Interest to protect rb In erlminals In any branch of the public suceatTt service, and exactly aa we have aguln (j.iCL and again during the past seven years nnd't5 Prosecuted and convicted such criminals !lTS who were In thy executive branch of the 0 odwsTI Puvemmont. so In my belief we should tm 1,0 R'V011 ample means to prosecute them . . If found Jn the legislative branch. liut ,r tll,s Is 1,01 considered desirable a spe- Ln -t&r cIfl1 exception could be made In the law j'ftSvL Tiohlbltlnp the use of the secret service .uSsf iori!(t l" Investigating members of con- t54 sr0bS- 11 would be far better to do this cf rfa t'm" t0 4,0 wn"1 actually was don. and idB strive 10 prevent or at least to hamper vtt effective action against criminals by tho mm - executive' branch of the government." mcet cl "Inevitable Exceptions." of cxliplj A careful rf-ading of this message will rnonttstjj show that I said nothing to warrant the rhe-bi stutement that "the nuijrirlty of the couth cou-th et gressmen were In fear of being Invest I-idr I-idr IflUf gated bv the secret service men" or "thai proptl'-'li "Oiigrves as a whole was actuati-d by that wonldlW fnotlve." I did not make any such "state-out "state-out 88 n'cnt In this message. Moreover I have -jP never made any such statement about , -S congress ns ;i whole, nor. with a few In-- In-- vitable exceptions, about the members of vongress. in any messng- or article or i Jfi sp'-cch. On the contrary, I have always 1 a not only deprecated but vlgorouslv resent-PH resent-PH S (i ll,c incHee of Indiscriminate attack 1 c I upon congress, and Indiscriminate con- , dcinnatlon of all congressmen, wise and .'11 unwise, fit ami unfit, good and bad alllso. j Ryv.!,t, on' realizes more than I the Import-rrnly Import-rrnly vttoNof" eo-opersitlon between tho execu-UJf execu-UJf .jwifvi and ;ongiess, and no one holds the Ijfauthority and dignity of the congress of i -rM'tbe L'nltcd States in higher respect than JI do. I have not the slightest sympathy V, wllb the practice of judging men. for Hgood or for ill. not on their several merits. .aBiVut In a mass, ns members of ono parlle-JMpular parlle-JMpular body or one caste. To put together B(l"ll men holding or who have held a par-CT"tieular par-CT"tieular office, whether It be the office of JBlfprcsldf n t, or judge, or senator, or inem-THfl1"'" inem-THfl1"'" of the house of rt jiresentatlves. und fllMT' class thr-rn all. without regard to their OVCdlff H'.di.-ldiial differences, as good or bad. 3W set iU3 to me utterly indefensible: and It rW 's Iually indrfensible whether the good -e mad!l 'unfounded with the bud In a heat- M. i'il and unwarranted championship of all, irrotuid nr heated and unwarranted assault 111 V,,ou a"- 1 would neither attack nor de- iM ' n,l all executive officers In a mass, .alt JfnPlhcr Presidents, governors, cabinet of-Xieero, of-Xieero, or officials of lower rank: nor Sls would I attack or defend rill legislative li. Officers In a mfss. The safety r.f free t'.pOOwX;, gV'ernment rests verv largely in the Mi "P1"'1' "r le Plain, everydav eltir.cn to i at ''fserlminnte between those public serv-V.-J ""fa who serve him well and thoso pub-ifinjma pub-ifinjma "p servants who serve him 111. Ifo ran-jUMjMs ran-jUMjMs nut ihua diserlmlnute If he it; persuaded to pass judgment upon a man, not with reference to whether he Is a fit or unfit un-fit public seivant, but with reference to whether he Is nn executive or legislative officer, whether he belongs to one branch or tho other of tho government. May Be Misundorstood. Tills allegation in the resolution, there, i foro, must certainly be duo to an entire failure to understand my message. j The resolution continues: "That tho i president be renuosted to transmit to the j house any evidence upon which he based his statements that the 'chief argument In favor of tho provision was that tho congressmen did not themselves wish to be Investigated by secret service men.' " This statement, which was an attack upon no one, still less upon the congress, ls sustained by the facts. If you will turn to the Congressional Record for May 1 last, pages fi3r3 to B5C0, inclusive, you will find the debate on this subject. Mr. Tawney of Minnesota, Mr. Smith of Iowa. Mr. Sherlcy of Kentucky, Ken-tucky, and Mr. Fitzgerald of New York, j appear In this debate as the special champions of the provision referred to. Messrs. Parsons, Rennet and Drlscoll were the leaders of thoso who opposed the adoption of the amendment nnd upheld up-held the right of tho government to use tho most efficient means possible In order or-der to detect criminals and to prevent and punish crime. The amendment was carried in tlie committee of the whole, where no voles of the individual members are recorded, so I am unablo to discriminate discrim-inate by mentioning tho members who voted for nnd tho members who voted against the provision, but its passage, the Journal records, was greeted with applause. I am well aware, howevor, that In any case of this kind many members mem-bers who have no particular knowledge of the point at Issue, are content simply to follow the lead of the committee which had considered the matter, and I have no doubt that many members of the i house simply followed the lead of Messrs. Tawney and Smith, without having hav-ing had the opportunity to know very much as to the rights and wrongs of tho question. Places Responsibility. j I would not ordinarily attempt In this way to discriminate between members of the house, but us objection has been taken to mv language, In which I simply spoke of tho action of the house as a whole, and as apparently there ls a desire de-sire that I should thus discriminate. I will state that I think the responsibility rested on the committee on appropriations, appropria-tions, under tho lead of the members whom I have mentioned. Now ns to the request of the congress that I give the evidence for my statement state-ment that tho chief argument In favor of the provision was that the congressmen congress-men did not themselves wish to be investigated in-vestigated by secret service men. Offers the Evidence. The part of the Congressional Ttccord to which T have referred above entirely supports this statement. Two distinct lines of argument wore followed In the debate. One concerned the question whether the law warranted the employment employ-ment of the secret .service in departments other than the treasury, and this did not touch the merits of tho service In tho least. The other line of argument went to the merits of the service, whether lawfully law-fully or unlawfully employed, and hero . the chief If not the only argument used was that the service should be cut down and restricted because Its members had "shadowed" or investigated members of congress and other officers of the government. govern-ment. Tf we examine the debate In detail de-tail It appears that most of what was urged In favor of the amendment took the form of the simple statement that the committee held that there had been a "violation of law" by tho use of the secret service for other purposes than suppressing counterfeiting (nnd one or two other matters which can be disregarded), disre-garded), and thnt such language was now to be used as would effectually prevent pre-vent all such "violation of law" hereafter. here-after. Mr. Tawney. for Instance, nays: "It was for the purpose of slopping the use of this service In every possible way by the departments of the government thnt this provision was inserted;" and Mr. Smith say: "Now. that was the only way In whleh anv limitation could be put upon the activities of the secret service." Mr. Fitzgerald followed In the same vein, and by far the largest part of tho argument acalnst the employment of tlie secret service was confined to the statement that It was In "violation of law." Of 'course such a statement Is not In any way an argument In favor of the justice of the provision. It Is not nn argument for the provision at all. It Is simply a statement of what the gentlemen gentle-men making it conceive to have been the law. There was both by Implication and direct statement the assertion that It was the law. and ought to be the law. that the secret pervlce should only be Uhed to suppress counterfeiting', and thnt the law should be made more rigid than ever In this respect. Authority for Statement. Incidentally I may say that In my judgment judg-ment there ample legal authority for the statement that this appropriation law to whleh reference was made imposes no restrictions whatever upon the use of tho secret service men. but relates solejy (o the expenditure of the money appropriated. appropri-ated. Mr. Tawney In tho debate stated Mmt bf had In his possession "a letter from the socrclarv of the treasury received re-ceived a few days ago" In which th" secretary of the treasury "himself admits that the provisions under which the appropriation ap-propriation has been made have been violated year after year for a number of vears in "his own department." I append herewith as appendix A the letter referred re-ferred to. Ij makes no such admission as that which Mr. Tawney alleges. It contains .011 the contrarv. as you will see bv reading it. an "emphatic protest against any sueh abridgment of the rights deleg'nted to the secretary of the trensurv by existing law." and concludes bv asserting thnt he "is quite within his rights In thus employing the service of these agents" and thnt the proposed modification which Mr. Tawney succeeded succeed-ed In carrying through would be "distinctly "dis-tinctly to tho advantage of violators of crlminul statutes of the fnlted States.'1 r call attention to the fact that In this letter of Secretary Cortelyou to Mr. Tawney. Taw-ney. ns In my letter to the speaker quoted below, the explicit statement Is made that the proposed change will be for the benefit of tlie criminals, a statement state-ment which I simply reiterated In pub- 1 lie form in my message to the congress this year, and which Is also contained In 1 effect In the report of Die secretary of the treasury to the congress. I Gist of Arguments. ! A careful rending of the Congressional Kecord will also show that practically, tho only arguments advanced In favor of the limitation proposed by Mr. Tawney's committee, beyond what may be supposed sup-posed to be contained by implication In certain sentences as to "abuses" which wer not ypeclllcd. were those contained in the repeated statements of Mr. Slier-ley. Slier-ley. Mr Sherlcy stated Ihnt there had been "pronounced abuses growing out of the use of the secret service for purposes pur-poses other than those intended," putting put-ting his statement In the form of a question, ques-tion, and In the same form further stnted that the "private conduct" of "members of congress, senators," anil others ought not lo be Investigated by the secret serv-! serv-! ice, and that they should npl investigate I a "member of congress" who had beer, recused of "conduct unbecoming a gentleman gen-tleman and a member of congress." In addition to these assertions couched ns questions, he made one positive declaration, declara-tion, that "This secret service at ono time war? used for the purposo of looking Into the personal conduct of a member of congress." This argument ot Mr. Sherlcy. Sher-lcy. tin' only real argument as to the merits of the question made on behalf of tho committee on appropriations, will bo found In columns 1 nnd ' of page 5550, nnd column 1 of par;o r.537 of the Congressional Con-gressional Record. In column 1 of pugo .'ir.rifi Mr. Sherlcy refers to tho Impropriety Impropri-ety of permitting tho secret service men to Investigate men In the de partmcnta, officers of the army nnd navyt and senators sena-tors and eongicsHiuen; In column 2 he lefers to officers of the nuvy and mcni- bers of congress: In column 1, page 5n57. he refers only to members of congress. Ills speech puts most weight on the investigation in-vestigation of members of congress. Boasts Ono Journal. 1 What nppears in the record is filled ! out and explained by an nrtlclo which, appeared in the Chicago Inter Ocean of January S. 100-1, under a Washington headline, and which marked the beginning begin-ning of this agitation against the secret, service. Jt was a special article of about 1 ,ni000 words, written, as 1 was then informed in-formed and now understand, by Mr. L. W. Uusbey, at that time private secretary secre-tary to the speaker of tho house. I inclose in-close a copy of certain extracts from the article, murked appendix B. It contained an utterly unwarranted attack on the secret sendee division of the trensury department and Its chief. Tho opening paragraph includes, for instance, statements state-ments like the following. "He (the chief of tiic division) and his men are desirous of doing the secret , l detective work for the whole government 1 and are not particular about drawing the line between tho lawmakers and the lawbreakers. law-breakers. They are ready to shadow tho formor as well as the latter." Then, after saying that congress will Insist that the men shall only be used to stop counterfeiting, the nrtlclo goes on: "Congress does not Intend to havo a Fouche or .any other kind of minister of police to he used by the exccutlvo departments de-partments ngalnet the legislative branch of tlie government. It has been so used, and It Is suspected that, it has been so used recently. Tho legislative branch of the government will not tolerate tol-erate tho meddling of detectives, whether they represent tho president, cabinet officers, of-ficers, or only themselves. Congressmen Con-gressmen resented tho secret interference interfer-ence of the secret service men, who for weeks shadowed some of Ilia most respected re-spected members of the house and senate. sen-ate. When It was discovered that the secret sorvico men were shadowing shad-owing congressmen there was a storm of Indignation ut tho capltol and tho bureau bu-reau came near being abolished nnd tho appropriation for the suppression of counterfeiting coun-terfeiting cut off. " At another lime tho chief of tho secret service had his men shadow congressman with a view to Involving them in scandals that would J enable the bureau to dictate to them as the price of silence. The secret service men havo shown an Inclination again to shadow members of congress, knowing them to be lawmakers, and this is no Joke. Several of tho departments have asked congress for secret funds for Investigation, and the treasury department depart-ment wants the limitation removed from the appropriation for suppressing counterfeiting. coun-terfeiting. This shows xl tendency toward to-ward Fouchelsm and a secret watch on other officials than themselves." Secret Service Work. At the lime of this publication the work of the secret sendee, which was thus assailed. Included cspeclully the Investigation In-vestigation of great land frauds In tho west, and tho securing of evidence to help the department of Justice In tho beef trust investigations nt Chicago, which resulted re-sulted In successful prosecutions. In view of Mr. Husbey's position, I have accepted the nbove quoted statements ns fairly expressing tho real meaning and animus of the attacks made in general terms on the use of the secrot acrvlco for the punishment of criminals. Furthermore, Fur-thermore, In tho performance of my duty, to endeavor to find tho feelings of congressmen on public questions of note, J I have frequently discussed this particular partic-ular matler with members of congress; I and on such occasions tho reasons al- I leged to me for the hostility of congress , to tho secret service, both by thoso who did and by thoso who uirt not share this hostility were almost invariably the samo i as those set forth In Mr. Busbcy's artl- do. I may add. by the way. lluit these allegations as to the secret service nro wholly without foundation in fact. But all of this la of Inslgnlflcnnt importance im-portance compared with tho main, the real Issue. This Issue Is simply. Does congress desire that the government shall have at Its disposal the most efficient Instrument for the detection of criminals crimi-nals and the prevention nnd punishment of crime, or does It not? Tho action of the house last May was emphatically an action against the Interest of Justice nnd against the Interest of law-abiding poo- Cle. and in its effect of benefit only to lawbreakers. I am not now dealing with motives; whatever may have boon the motive that Induced the action of which I speak, this was beyond, all question the effect of that action. Is the house now willing lo remedy the wrong? Patience Exhausted. For a long time I contented myself with endeavoring to persuade the house not to permit the wrong, speaking informally infor-mally on the subject with those members who. 1 believed, knew anything of tho matter, and communicating officially in the ordlnury channels, as through the secretary of tho treasury. In a letter to the speaker on April 30. protesting against tho cutting down of the appropriation appro-priation vitally necessary If the Interstate commerce commission wan to curry Into effect the twentieth section of the Hep-bum Hep-bum law. I added: "The provision about the employment of the secret service men will work very great damage to the government gov-ernment In its endeavor to prevent and punish crime. There Is no more foolish outcry than this against 'spies'; only criminals need fear our detectives." (1 Inclose copy of the whole letter, marked "Appendix C." The postscript Is blurred In my copybook, und two or three of the words cannot be deciphered.) These methods proved unavailing to prevent the wrong. Messrs. Tawney und Smith, and their fellow members on the appropriations appropria-tions committee, paid no heed to the protests; pro-tests; and as the obnoxious provision wus incorporated in the sundry civil bill. It wns Impossible for me to consider or discuss dis-cuss It on Its merits, ns I should have done had it been in a separate bill. Therefore I have now taken the only method available, that of discussing H In my message to congress; and as all efforts to secure what 1 regard as proper treatment of the subject without recourse to nliiln speaking had failed, have spoken plainly and directly, and have set forth the facts in explicit terms. Covers Wide Rango. Slnco K'01 the Investigations covered by the secret service division under the practice which had been for many years recognised 'as proper and legitimate, and which hnd received the sanction of the highest officers of the government havo covered a wide range of offenses against the felcral law. By far the most Important Im-portant of these related to the public domain, as to which there was uncovered uncov-ered a fnr-ronohing and widespread svs-lom svs-lom of fraudulent transactions Involving both the Illegal acquisition and the illegal ille-gal fencing of government land: and, In connection with both these offenses, tho crimes of perjury and subornation of perjury. per-jury. Some of the persons Involved in these violations were of great wealth and of wide political nnd social Influence. Both their corporate associations and their polltlcnl affiliations, and the lawless law-less character of soni" of their employes, made the Investigations not only difficult but dangerous. In Colorado one of tho secret service men was assassinated. In Nebraska It was necessary lo remove a L'nlted .States attorney und a United Stales marshal before satisfactory progress prog-ress could b made In the prosecution of the offenders. The evidence in all these cases was chiefly secured by men tralnod in the secret se-cret sci vlco and detailed lo tho depurl-mnt depurl-mnt of justlco at the request of that de- j purtmcnt nnd of the department of the interior. In the statu of Nebraska alono sixty defendants were Indicted; and of the thirty-two cases thus far brought to trial twenty-eight have resulted In conviction; con-viction; two of the principals. Messrs. Comstock nnd Richards, men of wealth and wide influence, bolrig sentenced to twelve months in Jail and lined S1500 each The following soeret service memorandum mem-orandum mode In the course of u pending pend-ing case Illustrates tho rninlflcntlona of Interest with which the government has to deal: Significant Memorandum. . "Charles T. Stewart of Council Bluffs was Indicted at Omaha for conspiracy to defraud the government of tho title to nubile lands in Mcl'hei-son county Nebraska Ne-braska ; also indicted for maintaining an i .. unlawful inclosuro of the public lands, and also under Indictment for perjury per-jury In connection with final proof submitted by him on Innris filed on by him as a homestead. In his final proof he sworo that ho and his family had resided re-sided on the lands Jn McBhcrson county (which are within IiIr unlawful Inclosuro). Inclos-uro). when as a matter of fact his family fam-ily has nt nil times resided In Council J31uffs, Ja. Jlr: Is engaged In tho wholesale whole-sale grocery business, his, store being located lo-cated In Omaha, In the wholesale district there. He Is reputed lo be quite wealthy. Stewart's attorneys are Ilarl & Tlnley of Council Bluffs, In., who are also the attorneys at-torneys tit that placo for the Omaha Sr. Council Bluffs Street Railway company. In which company Harl holds considerable consider-able slock, Stewart being also a stockholder stock-holder nnd possibly a director of the company, com-pany, lie is also represented In Omaha by W. J-. Council, one of the attorneys there for the name company. Stewart Is also represented In his perjury case by 1 "Bill" Gurlcy of Omaha, Neb., who at one time was quite closely connected In u political way with tho U. V. R. R. company: com-pany: Stewart is also closely associated with C. B. Hazlcton, postmaster at Council Coun-cil Bluffs. Harl '& Tlnley nnd Hazlcton arc all members of tho same lodge. Another An-other closo personal friend of Stewart's Is ICd Hart, alias "Waterworks" Hart, president of tho Council Blt'ifs Water company, and Interested in tho street railway. Stewart's father wns interested In, nnd practically owned and controlled, during his lifetime, a largo ranch along the U. P. R. R. In Nebraska, and did a great deal of business with that road," Concerning this case tho United States attorney at Omaha states: "There arc thrco cases ugalnst Stewart, ono for fencing, one conspiracy, one perjury, all good cases and chances of conviction good." In connection with tho Nebraska prosecution pros-ecution the government has by decrco secured se-cured the return to the government of over a million acres of grazing land; In Colorado of more than 2000 acres of mineral land, and suits nro now pending pend-ing Involving 150,000 acres more. Work of Sleuths. "All these Investigations in the land cases were undertaken In consequence of Mr. Hitchcock, the then secretary of tho Inlorlor, becoming convinced that there were extensive frauds committed In his department; and tho ramifications of the frauds wore so far-reaching that ho was afraid to trust his own officials , to deal In thoroughgoing fashion with them. Ono of the secret servlco men j accordingly resigned and was appointed in the interior department to carry on this work. The first thing he discovered was that the speclul agents' division or corps of detectives of the Innd office or the interior in-terior department wns largely under the control of tho land thieves; and In consequence con-sequence the investigations above re-forrcd re-forrcd to had to be made by secret servlco serv-lco men. If tlie present law, for which Messrs. Tawney, Smith, and the other gentleman I have above mentioned are responsible, had then been In efTcct, this action would havo been Impossible, and most of the criminals would unquestionably have escaped. No more striking Instance can be Imagined of the desirability of having I a central corps of skilled Investigating I agents who can at any time be assigned, j If necessary In large numbers, to Investigate Investi-gate some violation of the Federal statutes. sta-tutes. In no matter what branch of the public service. In this particular case most of the men Investigated who were public servnnts were In tho executive branch of the Government. But in Oregon, Ore-gon, where an enroinous acreage of fraudulently alienated public land was recovered for the Government, a United States Senator. Mr Mitchell, nnd a Member Mem-ber of the lower House, Mr. Williamson, were convicted on evidence obtained by men transferred from the Secrot Service, und another Member of Congress was indicted. in-dicted. More Cause for Praise. From 1001 to 1001 a successful Investigation Investi-gation of naturalization affairs was made by the Secret Sen-lee, with the result of obtaining hundreds of convictions of conspirators con-spirators who were convicted of selling sell-ing fraudulent papers of nalunill7.atlou. (Subsequently, Congress passed a very wise law providing a special service and appropriation for the prevention of naturalization na-turalization frauds; but unfortunately, at the same time that the action against the Secret Servlco was taken, Congress also cut down the appropriation for this special service, with the result of crippling crip-pling the effort to stop frauds In naturalization.) naturali-zation.) The fugitives Green and Gaynor, implicated in a peculiarly big Government Govern-ment contract fraud, were located and arrested ar-rested in Cunudu by the Secret Service, and thanks to this they have since gone to prison for their crimes. The Secret Service was used lo assist In tho Investigation of crimes under tho peonago laws, and owing partly thereto there-to numerous convictions were secured and tho objectionable practice was prne- j tlcally stamped out. at least in many districts. dis-tricts. The most extensive smuggling of silk and opium in the history of the Treasury Department was Investigated by agents of the Secret Service in New-York New-York and Seattle and a successful prosecution prose-cution of the offenders undertaken. Assistance As-sistance of the utmost value was rendered ren-dered to the Department of Justice In the beef-trust Investigation at Chicago, prosecutions were followed up and lines j Inflicted. The cotton-leak scandal in , the Agricultural department was lnves- ! tlgnted and the responsible parties lo- cated. What was dono In connection with lottery Investigations Is disclosed In a letter just sent lo mo by tho United Uni-ted States attorney for Delaware, run- 1 ning as follows: j Oct Rid of Lotteries. "The destruction Of the Honduras National Na-tional Lottery company, successor lo the Louisiana Lottery company, was entirely the work of the Secret Service. " This excellent work was accomplished 1 by Mr. Wllkle and his subordinates. I I thought It might be timely to recall this I prosecution." I Three hundred thousand dollars In tines were collected by the Government In tho lottery cases. Again, the Ink contract fraud hi the bureau of engraving and ! printing (a bureau of the treasury de- ! parlmunt) was Investigated by tho secret service und the guilty parlies brought lo ! Justice. Mr. Tawney staled in the de- j bale that tills wns not Investigated by the necret service but by a clerk "down 1 there." conveying the Impression that the clerk was not In the secret service. , As a mutter of fact, he was in the secret service; his name was Moran, and be was promoted lo assistant chief for I lie ' excellence of his work in this case. The total expense for tho office and Hold force of the secret service last year was 5135.- ; 000; and by this one Investigation they saved to the government over ?100 000 a year. Thanks to tho restriction Imposed Im-posed by Congress it Is now very difficult diffi-cult for tho secretary of the treasury to use the secret service freely even in his own department; for instance, to use them to repeat, what they did so admirably ad-mirably In the case of this ink contract. The government Ik further crippled by the law forbidding It to employ detective ngencics. Of course the government can detect tho most dangerous crimes, and punish the worst criminals, only by the use of the secret service or of private detectives: to hamper it in using the one, and forbid It to resort to the other, can Inuro the benefit of none save the criminals. crim-inals. Stands Ground Taken. The facts above given show beyond possibility pos-sibility of doubt that what the secretary secre-tary of the treasury and I had both written writ-ten prior to the enactment of the obnoxious ob-noxious provision, and what J hac since written In my message to tho Congress, slate the facts exactly as they are. Tho obnoxious provision Is of benellt only to tho criminal class and enn be of benefit bene-fit only to the criminal class. If It had been embodied In the law at the time when I became president all the prosecutions prosecu-tions abovo mentioned, and many others of the same general type, would either not havo been undertaken or would have been undertaken with the government at a great disadvantage; aml'many, and probably most, of tho chief offenders would hnve gono scot-free Instead of being be-ing punished for their crimes. Asks for Eovcrsal. Such a body as the secret service, such a body of trained investigating agents, occupying a permanent position in tho government service, 'and separato from local Investigating forces In different departments, de-partments, Is an absolute necessity If tho best work is to be done against criminals. It Is by far the most efficient instrument I possible to use against crime- Of course tho more efficient nn Instrument is, the more dangerous It ls If misused. To the argument that a force like tills can lie misused it ls only necessary to answer that the condition of lis usefulness If handled properly Is that It shall be so efficient sis to be dangerous If handled Improperly. Any instance of abuse by the secret service or other Investigating force In the departments should be unsparingly punished; and Congress should hold Itself It-self ready at nny and all times to Investigate Investi-gate the executive dcptirtments whenever there Is reason to beliove that any such Instance of abuse has occurred. 1 wish to emphnslzu my more than cordial acquiescence ac-quiescence In the view that this is not only the right of Congress, but emphatically emphatic-ally Its duty. To uso tho secret service In the investigation of purely private or polltlcnl matters would be a gross abuse. But there has been no singlo Instance, of such abuse during my term as president. presi-dent. In conclusion. I most earnestly ask, in tho name of good government and decent administration. In the namo of honesty and for the purpose of bringing to Justice violators of tho federal Jaws wherever they may be found, whether In public or private life, that the action taken hy the house last year be reversed. When this action was taken, the scnatu committee, under the lead of tho late Senator Allison, Alli-son, having before It a strongly-worded protest (appendix D) from Secretary Cortelyou llko that he had sent to "Mr. Tawney, accepted the secretary's views; and tho senate pnssed the bill in tho shape presented by Senator Allison. In the conference, however, the house conferees con-ferees Insisted on the retention of the provision they had inserted, and the senate sen-ate yielded. The chief of the secrot service is paid a salary utterly Inadequate to tho !m-portancc !m-portancc of his functions and to the admirable way In which he has per-formed per-formed them. I earnestly urge that It bo increased to $6000 per annum. I also urge that the secret service be placed where it properly belongs, nnd made a bureau In the department of justice, as the chief of the secret service has re-pcatcdly re-pcatcdly requested; but whether this is done or not. It should be explicitly pro-vided pro-vided that the secret service can bo used to detect and punish crime wherever It Is found. T1IKODORI3 KOOSEVELT. The White House, January -I, 11)03. Accompanying tho above message aro the following appendixes: APPENDIX A. April 2D. 190S. To the Chairman of the Committee on IH Appropriations, House of ICeprcsenla- Sir: In a bill making appropriations for sundry civil expenses of tho government (II. I!. 21260) for the fiscal year ending June HO, 1000, nnd for other purposes. I find on page 29, line 10, us a part of tho section making the appropriations for "Suppressing counterfeiting aud other crimes" the following language: "No person employed In the secret service division of the treasury depart- IH merit or under the appropriation for sup-pressing sup-pressing counterfeiting und other crimes who is detailed, furloughed, granted leave of absence, dismissed, or otherwise temporarily or finally separated from tho service of such division and Is thereafter employed under nny other branch of thn public sen-Ice shall bo restored or paid IH Continued on Page Pour. 'EVIDENCE WHSCH ROOSEVELT DECLARES SUPPORTS HIS "SECRET SERVICE" STATEMENTS Ii. Continued From Page Three. compensation for services or expenses kv the secret senv.icc division for two years after the termination of Ills employment ; under such other branch of the government." govern-ment." Y now call your attention to soot on 366 of tlio RovIhciI Statutes of the Lulled Suites, which reads iih follows: , "Kadi head of a Jcparimcnt may .roin time io time niter the distribution amonsr the, various bureaus and offices of ins k - , partmcnt of the clerics allowed b law j n hejnny ilnd it necessary and ptopn tThe' secret service division of the tresis-ury tresis-ury department Is a division of the secretary's secre-tary's oflice. and tho employees of that division are paid under the "UlhofltJ of the legislative, executive and Judicial bin aB persons In the secret service division of the treasuiy department, hut the paragraph para-graph which It Is proposed to Incorporate in the sundry ' of, tnla yo:if it quite doubtful whether, under the terms? of this act. T am pormlttod to 1e-tail 1e-tail these employees. Including the chief and tho assistant chief of the division, to any other branch under my jurisdiction. s this would be In direct conflict with Mcction 1GS of the Revised Statutes and would seriously obstruct, the proper conduct con-duct of the affairs of the department for TYhlch 1 am held responsible. 1 wish to convey to you my respectful, but none tho less emphatic protest against any such abridgment of the rights delegated to tho secretary of the treasury by existing exist-ing law. Belation to Treasury. During the forty-three years that the scrot service division has existed In tho treasury department, and more partlcu-' partlcu-' larlv within the last twenty yesirs, It has been considered by the secretary of the treasury as one, of the most essential ana helpful divisions of his office. Prior to the organization of the department o commerce and labor the field of activity covered- by tho treasury department was enormous, with important Interests of a complex and dlversliled character, inll-matelv inll-matelv related to tho public welfare in almost every branch of national activity and usefulness. , It then had jurisdiction over tho immigration immi-gration service and the entorcoment of the Chinese exclusion act. U then had. and still has. those great Industrial plants, the bureau of engraving ami printing and the mints of the l nltcd Slates, as well as assay offices established estab-lished for tho convenience of tho public. It has thousands" of employees handling inonev and precious metals, and like every other largo employer. Unds that Its confidence Is sometimes abused by dishonest dis-honest employees. In all offenses of this character the s-pcretarv of the treasury has called upon th- secret service division for an Investigation, Inves-tigation, and Inasmuch as tho appropriation appropria-tion Tor suppressing counterfeiting Is available for no other purpose, the expense ex-pense of these investigations has been charged against the contingent or oth?r available funds of the bureaus In which i.ho offense has been committed. These investigations have covered a wide range, "but, In order that you may understand the character of work which the secretary secre-tary of tho treasury has heretofore accomplished ac-complished under the authority of section 150 of tho Revised Statutes, I will refer only to a few concrete Instances of this description: The Ink Scandal. I "An Investigation of the Ink contracts vt the bureau of engraving and printing a. few months ago disclosed what appeared ap-peared to bo a conspiracy between the ink expert of the bureau and a- certain manufacturer of Inks by which the government gov-ernment was paying four times the legitimate legiti-mate price for Its black Ink. The result of this invest Iga Hon was the Indictment of the Ink export and tho manufacturer and a new contract upon a more nearly legitimate- baste with a resultant saving to the government, of fully $100,000 a year. "In the customs service the secrot service division has been utilized io great advantage In cases where the customs agents were handicapped by being too well known. At Seattle a secret, sen-ice auent broke up un opium smuggling gang that had been operating for years In defiance of law and mado tho largest sclzuro of opium, ono ton. recorded In the department and convicted the smugglers. smug-glers. "In the Rosenthal silk frauds In New York, the .secret service division was of great assistance, securing the evidence . upon which a silk examiner in the appraiser's ap-praiser's stores was convicted and Rosenthal, Rosen-thal, the principal offender, was Indleted and Is still a fugitive from justice. "The assay otllce at .Seattle. Wash-was- the subject of complaint on the part of depositors of gold dust that their returns re-turns in that office showed a larger percentage per-centage of loss in refining than at other j points on tho Pacific coast. An Investigation, Investiga-tion, made jblntly by the superintendent ) of the San Francisco mint and secret .service agents, disclosed systematic thefts by a trusted employee, who was subsequently lndlctedi tried, and convicted convict-ed for the offense. Tho thefts In this case had aggregated more than $100,000. and approximately $40,000 was recovered by the secret service agents. "On tho occasion of the annual examination exam-ination wind physical count of the contents con-tents of the mint at San Francisco a ehortagc of $30,000 In double eagles was disclosed, there being six empty pigeon holes each of which should have contained con-tained a 5000 sack. This was Jnvcutl-gated Jnvcutl-gated by secret service agents, and the chief clerk, a former casliler of the mint, was convicted of the crime and smit to the penitentiary. Other Good Work. "A few yar earlier an investigation conducted by the employees of tho secret service division dlfoloxnd the systematic looting of the assay of (lee at Carson City. Nov., and tin arsayr sind an assistant assist-ant were convicted of having absitraeted approximately $S0.000 of tho govcrn- j meat's gold. "Still earlier there wore extensive thefts from the mint at Philadelphia, i where gold bars were being carried away. Agents of tin- secret service division maun an investigation, which resulted In tho conviction of the superintendent and Uvo recovery of practically all of the stolon properly. "in the marine hospital service, a j branch of the treasury department, a trusted clerk employed duplicate vouchers vouch-ers by the manipulation of which he was i able to collect from the government near- ly 100.000. Secret servlee. agents exposed , his methods, and seemed his Indictment, to which he afterward pleaded guilty, and was sent to the penitentiary. j "At the time when there were two ) comptrollers of the treasury a chief or a division in the second comptrollers office of-fice devised an Ingenious plan for defrauding de-frauding the government through fraudulent fraudu-lent "horse claims' claims for animals which had been seized and used by mill- ; tarv order during the civil war. An Investigation In-vestigation bv secret service agents rlls- I closed the character of the fraud through which the government had already lost $15,000. and in which there were pending neaiiv S50.000 In Illegitimate claims. The offending clerk was tried and convicted, and sentenced to tho penitentiary for twelve years. . "In tho offico of the treasurer of tho United States, whore the mutilated currency cur-rency Is received and counted for redemption, re-demption, there have been many skillfully devised plans for defrauding the government, govern-ment, and in that branch of the service alone the.re have been many Investigations Investiga-tions and convictions. Made Big Saving-, j "In the offico of tho auditor for the postofflce department, a branch of tho treasure service. In 1SS4. secret scrvlco agents conducted an investigation which led to the discovery that claims aggregating aggre-gating ?200.000 wero fraudulent, lecausc of prior payment, and that amount was saved to the government. Later. In the samo office, secret service agents disclosed dis-closed the theft and use of canceled monov orders and fixed the responsibility responsibil-ity upon an employee, who committed suicide rather than face prosecution." These are but suggestive samples of the varied demands made by tho secrotary of the treasury upon his secret service division Jn the. protection of tho Interests of both the department and the psibllc. Aside from the general riucstion Involved In the proviso, concerning which I have very decided views, but which 1 shall not. express at this time, thoro should bo no question of the authority of the head of this department to use the force of the secret service division for such special spe-cial investigations as may bo necessary in his own department. I am advised that the secretary of the treasury is oultc within his rights in thus emplovlng the service or these agents?, and the modification of his statutory authority' au-thority' bv tho proposed restrictive paragraph para-graph In this bill Is not only a discrimination discrimina-tion against him as tho hear of an executive ex-ecutive department, but distinctly to the advantage of violators of criminal statutes of the United States. Respectfully. (Signed.) GEO. B. CORTEIA'OU. Secretary. i APPENDIX B. (Chicago Inter Ocean. Jan. 3. 1004.) W1LKIE WOULD BE TWO FOUCHE OF THE UNITED STATES. . (Special correspondence -of the Inter Ocean.) Washington, D. C. December 31. John E. Wllkle Is suspected of an ambition ambi-tion to become the Foueho of the United States. Mr. Wilkie Is chief of the secret service of the treasury department and his official duties are to run down counterfeiters, counter-feiters, ile and his men are, however, desirous of doing the secret delectivo work for the whole government, and are not particular about drawing the lino between be-tween law-makers and law-breakers. Thev arc ready to shadow the former as well as the latter. That is why Chief Wilkie is suspected of an ambition to rival the notorious Fouchc of the First Napoleon. This weakness of tho secret service men to break over the bounds of the law relating to counterfeiting and become general sleuths In their search for wrongdoers wrong-doers Is not a new one. Tho bureau has had that weakness for many years, or ever since It was organized, and It has had to be curbed Ihno and again, as It has meddled In affairs over which It has mio jurisdiction and been threatened with extinction. There Is no desire, for a general detective de-tective service or national police organization organ-ization In connection with tho federal government. On the contrary, there is in congress an utter abhorrenco of such a scheme, because It savors of Imperial-Ism Imperial-Ism more than any other assumption of power by the executive departments. It Is considered absolutely contradlc-lory contradlc-lory to the democratic principles of government. gov-ernment. But the detective mind does not seem able to grasp such fine distinctions. dis-tinctions. A detective recognizes no limitations on his poculiar powers of ferreting out crime, or what appears as crime to him. He Is as ready to shadow a king or a president as he is a poor counterfolier or a tramp. The bigger the subject the greater the fame, and the more Intense tho excitement. Congress never has had any sympathy with the secret service bureau. That bureau Is not tho creature of congressional congres-sional action. It in only the child of administrative ad-ministrative routine In the treasury department. de-partment. The law against counterfeiting counterfeit-ing is one of the earliest placed on the statute books. It was passad In the beginning be-ginning of the government, and congress lias e.vcr since mado annual appropriations appropria-tions for the suppression of counterfeiting. counterfeit-ing. Twenty years ago it was found that the treasury department had created a. number of small bureaus not known to the law as a convenient means of enforcing en-forcing the laws applying to that department de-partment or for the purpose of creating places for the friends of the secretary. These official bureaus were Illegal, but they were claimed to be necessary. They were utterly repugnant to the spirit of civil servlee reform, and to remedy the evil congress recognized them by making specific appropriations for them. In this way was the secret service bureau and Its chief given an official status, though never created by act of congress. To Stop Counterfeiting. Tho appropriation for t lie maintenance of the bureau Is now SlG.oOO a year, and congress In addition to this makes an appropriation of $125,000 a year for the suppression of counterfeiting, but stipulates stipu-lates that the appropriation shall be used for no other purpose whatever. The stipulation was necessary to prevent the use -of the money In shadowing everv conceivable crime that can be suggested by the detective mind and forthat reason rea-son It Is repugnant to Mr. Wilkie and his subordinates, and also, perhaps, to the secretary of the treasury and other cabinet officers who sympathize with the shadowing business. The treasury department de-partment has appealed in vain to have congress drop the limitation from tho appropriation. It is appealing to this congress, hut its appeal will bo Ignored- The limitation will remain, because congress does not Intend to have a Fouche or any other kind of minister of police to bo used by the executive departments agalwa the legislative branch cf tho government. gov-ernment. It has been 50 used, and It Is suspected that It has been so used recently. re-cently. The secret service 1ms been very active generally, and not so active against counterfeiters an in the old days, when the appropriation was less than half what It Is now Tho notorious Brockway, king of counterfeiters, coun-terfeiters, was run down years ago, anil there haw not been an Important capture of any counterfcltinc outfit In the last I half dozen years. The secret servlee men I have been busy protect lug the president, Investigating frauds against naturalization, naturaliza-tion, hunting down anarchists, shadowing shadow-ing men suspected of stealing the public lands, and other matters, which may be wry important, but absolutely out of tho llVii: of duty of the secret service, bureau. The lHistofflce Investigation lias Inspired In-spired other departments to go into the samo business, and the secret service bureau feels that Its detective business Is becoming Invaded. The reputation made by Fourth Assistant Postmaster General Brlstow as the great sleuth of the times has aroused Chief Wilkle's men to look to their laurels. They desire to run down sill the rascals In the government govern-ment service and show that they are the real and onlv thief catchers In the country. coun-try. They want. Wllkle to be the Fouchc ol the United Stales, and they want recognition recog-nition as the national detectives, licensed to shadow every man. whatever his sta-I sta-I tlop. whom they may suspect of any ! crime. That Is lust what congress will : not tolerate, and congress Is the law-making power which creates nnd abolishes offices. The legislative branch of tho government will not tolerate, tho meddling of detectives, whether tliey represent tho president, cabinet officers, or only themselves. them-selves. There will be no Fouche In Washington, I because Fouche was used by Napoleon I to Intimidate everybody else in the French I empire, and grew so powerful that, ho intimidated the emperor himself by reason rea-son of the state secrets to held. Wilkie Not the First. Chief Wllkle Is not tho first man of the head of the secret sen-Ice who wanted tho power of a Fouche. Twenty years ago tho secret service became a scandal In Washington through Its presumption. Its detectives assumed the right to shadow congressmen and find out how an amendment agreed to In conference failed to appear. In the bill as It was sent to tho president. I The failure to Incorporate the amendment amend-ment In tho enrolled bill was suspicious of jobbery, and it was investigated by I congress, but congress resented tho secret I interference of tho secret service men, 1 who for weeks shadowed some of tho most respected members of the house and senate In an effort to convict them of having guilty knowledge of how the amendment failed When It was discovered dis-covered that tho secret service men were shadowing congressmen there was a storm of Indignation at the capltol and the bureau came near being abolished and tho appropriation for the suppression of counterfeiting cut off. The result was ; the incorporation of the limitation that none of the appropriation should be used for any other purpose than that of detecting de-tecting and punishing counterfeiting. At another time the chief of tho secret service had his men shadow congressmen with a view of Involving them In scandals that, would enable the bureau to dictate to them us the price of silence. It was tho old detective blackmailing trick, and again came near to the abolition of tho bureau. The secret service men have shown an Inclination again to shadow members of congress, knowing them to bo lawmakers, lawmak-ers, and I his Is no Joke. Several of the departments havo asked congress for secret funds for Investigation and the treasury depaitmenl wants the limit removed re-moved from the appropriation for suppressing sup-pressing eomftcrfeltlng. This shows a tendency toward Fouehelsm and a. soerct watch on other officials Uiap themselves. As the highest power hi U10 government, govern-ment, that of making laws and appropriating appro-priating public funds, congress will not grant any such extension of secret-service operations, but will this year, proh-ably. proh-ably. make the restrictions on the secret service more severe than In the past, and also demand an accounting to show how tho appropriation of $125,000 for suppressing sup-pressing counterfeiting has been used, whether any of it has been used to build up a general secret-service system and create a. Fouche in. tho federal government. ! APPENDIX 0. I The White House. Washington. D. C, April ::0, 190S. My Dear Mr. Speaker: There Is ono matter connected with the sundry civil bill to which I should call your special attention, anil that is thu cutting down of the appropriation asked for by the Interstate commerce commission to cany Into effect tho twentieth twen-tieth section of the Hepburn law to only $30,000. In accordance with the reriucst of the. committee on appropriations in carrvlng out the deslro of the leadors, of the house, the interstate commerce commission, Instead of asking as they originally asked for $500,000. which was the amount necessary in order to do the best work in carrying ouL the twentieth section, cut down the refill est to ?o50.-OOo. ?o50.-OOo. the very minimum under which the work can bo done effectively at all. To provide only $50,000 really amounts to making a sham appropriation. It would bo better to repeal the twentieth section or suspend its operation for a vcar. for such a. course would have the merit of frankness. 1 regard this twentieth twen-tieth section as containing ono of the most Important provisions of the Hepburn Hep-burn act, and to, refuse to provide means for carrying it on Is equivalent to repealing re-pealing for this year that section, and it would undoubtedly be so understood by the country at large. I feel that the Hepburn act was one of the great pieces of legislation for which congress, under your, direction and guidance, has been responsible, and for which II has received such deserved credit. It would bo from every standpoint a verv real misfortune now to nullify one of the Important provisions of that act. j The only people benefited would bo the very worst of tho big railroad men whose misdeeds we are trying to prevent or correct. The commission has been at work with tho railroads for two yea'rs preparing to put this section Into execution execu-tion through the means of a board of examiners. To refuse to give them $50,-000 $50,-000 (for to appropriate $50,000 server, no purpose whatever) is to nullify completely complete-ly these two years' work, I Very sincerely yours, THEODORE ROOSEVELT. Hon. Joseph G. Cannon, Speaker of the House of Representatives. S. I may also add that If carried Into effect the proposal In the bill limiting limit-ing the wages, on the Panama canal may completely updet the admirable work now being done thereon; and of course the provision about the employment of the secret service mop will work very great damago to tho government in its endeavor to prevent and punish crime. There is no more foolish outcry than this against "spies;" only criminals njed fear our detectives. J APPENDIX D. Mav 5. 1008. Hon. William B. Allison. Chairman on Appropriation, United states Senate. Mv Dear Senator While the sundry civil bill HI. R. 21200) wac under consideration consid-eration In the committee of tho whole house on tho slate of tho union, tho following fol-lowing amendment was adopted to the paragraph making the appropriation (or ".suppressing counterfeiting:" ".No part of any money appropriated by this act shall be used In payment of compensation or expenses of any person detailed or transferred .from the secret service division of the treasury department, depart-ment, or who may at any time during tlio fiscal year 1909 have been employed In or under said secret service division." Among other funds appropriated by the siundry civil act. to which this amendment amend-ment would apply. Is one for the collection collec-tion of revenue from customs and for the prevention and detection of frauds on customs, both of which are under the control and direction of the secretary of the treasury. Section 166 of the Revised Statutes provides; pro-vides; "Each head of a department may from time to time alter tho distribution among the various bureaus and offices of his department of tho clerks allowed by law as ho may find It necessary and proper to do." Under the authority granted by this section the secretary of the treasury from time to time lias detailed men from the secret service division to detect frauds upon customs, and their expenses while ho engaged have been paid from tho appropriation ap-propriation for this purpose. Under tlnv amendment to which I have referred t above. It would appear that 1 nm prohibited pro-hibited from making such details and from puyjnc the men no detailed from any appropriation under tho sundry civil act. This w'ould seem to be un abridgement of the right extended. to the socretary of 1 tho treasury by section lta.i;, and a dls- j crimination against tho .secretary of the treasury which Is distinctly lir favor of the violator of the federal statutes, inasmuch inas-much as it restricts the secretary in using every posslhle force to combat frauds upon the customs. j But this Is only one phase of a matter which seems to me to be of vast anil far-reaching public Importance. Tho secret service division has been a valuable valua-ble branch of this office for many years. Its Held force is composed of Investigating Investigat-ing officers of the highest skill, men familiar fa-miliar with all of the tricks and subterfuges subter-fuges of high-grade criminals, and whose Integrity and devotion to the government's govern-ment's Interests havo never been successfully success-fully assailed. In Other Department!:. Their peculiar fitness for criminal investigations in-vestigations requiring the highest order of Intelligence has commended them to the headG of other departments, and from time to lime for many years the secretary secre-tary of the treasury has received requests from the heads of other departments who wished to avail themselves of tho services of these agents. The appropriation for suppressing; counterfeiting provides that the money shall be used for that purpose and for no other except the protection of tho president. The field agents of tho secret J service division who are paid out of this appropriation are per diem employees, and it bus been considered that there would bo no impropriety In discontinuing I tho services of these men in the work of suppressing counterfeiting, stopping their per diem payment from the appropriation appro-priation for suppressing- counterfeiting practically placing them upon leave of absenco without pay and while so detached de-tached and separated, allowing them to be employed by another department, say under tho attorney-general, for the Investigation In-vestigation of specific violations of tho criminal statutes of the United States. While thus employed they havo been designated as "special employees" of tho department of justice and have received compensation (equal to that which they wero roeolvlnp In the secret scrvlco division) di-vision) from the appropriation "Miscellaneous "Miscel-laneous expenses of United States courts" or some other appropriation properly prop-erly available for their payment. This practice has- given tho attorney-general and other heads of departments the services serv-ices of such agents as might from time to time bo required Tor periods varying from one day to several months, and upon tho grounds of economy, efficiency, and convenience has proved extremely satisfactory to every one concerned. It has enabled the attorney-general to conduct con-duct investigations in conned ion with the violations of the trust laws, of laws relating to tlio public domain, and to lottery lot-tery enterprises, with gratifying results. Tho attorney-general Is not provided with any permanent Investigating force of his own and Is barred from the employment em-ployment of prlvato detective agencies by an act which reads as follows: "That hereafter no employee of the Plnkerton detective agency, or similar agency, shall bo employed In any government govern-ment service or by any officer of the District Dis-trict of Columbia. (Supplement to the Revised Statutes, vol. 2; Legislation 1S02-1S9:.. p. 121.) ' The requirements of his department are of so uncertain and varied a naturo that at times during tho year four or five men can take care of the work, wlille at other tlme3, in emergencies, twenty-live or thirty may be required for short periods. per-iods. It would seem to be impracticable to rcqulro that he should have to employ these men haphazard, and It Is a self-evident self-evident proposition that no competent man would be willing to accept employ ment for a few weeks with no certainly as to how much time, might elapse before be-fore he would be needed again; and If a permanent force were to be maintained by the department of Justice It would necnssarlly have to consist of the maximum maxi-mum number of men that would be needed need-ed at any one time, though the records 1 show that Ihere are many periods of the 1 year when only a few men arc necessary to conduct the work. So It has developed that the practice of I borrowing men from the secret service has been found tho best solution of the problem Wllhln tho last two years, dur-I dur-I ing which theso temporary' employees j havo been more active In the Investlga-I Investlga-I tlon nnd prosecution of laud frauds, thero has developed an opposition to the loaning loan-ing of these trained Investigators to the other departments. It has been asfcrtcd hut the appropriation for suppressing counterfeiting specifically provided that the men employed for suppressing counterfeiting coun-terfeiting should be employed for no , other purpose whatever,, and that therc-' therc-' fore the loaning of these agents yvas a direct violation of law. The act for suppressing sup-pressing counterfeiting reads sis follows; Interpretation of Law. "For expenses Incurred under the. authority au-thority or with tho approval of the secretary secre-tary of the treasury In detecting, arresting, arrest-ing, and delivering Into the custody of 1 the United States marshal having Jurls-I Jurls-I diction, dealers and pretended dealers In I counterfeit money, and persons engaged in counterfeiting treasury notes, bonds, ! national bank notes, and other securities : of the United States and of foreign government.':, gov-ernment.':, as well as the coins of the United States and of foreign governments, govern-ments, and other felonies committed ' against the laws of the United States I relating to the pay and bounty laws, In-1 In-1 chiding ono thousand dollars to. make the j necessary Investigation of claims for reimbursement re-imbursement of expenses incident to the last sickness and burial of deceased pensioners pen-sioners under section forty-seven hundred and eighteen of the Revised Statutes, tho act of March second, eighteen hundred and ninety-five and for no other purpose whatever, except In the protection of the person of the president of the United States, one hundred and fifteen thousand dollars: Provided. That no part of this amount bo used In defraying the expenses of any person subpoenaed by the United States court to attend any trial before a United States court or preliminary examination ex-amination before any United States commissioner, com-missioner, which expenses shall bo paid from the appropriation for 'Fees 0!.' witnesses. wit-nesses. United States courts.' " It seems to mc that a careful reading of this act discloses that the phrase "and for no other purpose what'-ver" applies, and can only apply, to the expenditure J of tho money and does not. and cannot apply to a prohibition against employing I the agents elsewhere so long us they aro 1 not reimbursed from tho appropriation I for suppressing counterfeiting. In order to comply with every possible technical requirement it recently has; been The practice of the department to havo theso agents resign from the secret service division and receive regular appointments ap-pointments in tho department In need of their services for periods sufficiently long to enable them to accomplish tho 1 work for which they are required. Not . a dollar of tho appropriation for suppress- Ing counterfeiting Is expended for any I other purpose, and cannot, bo under this j arrangement, but the proposed amendment amend-ment to the sundry civil act would op-j op-j er.ite to disqualify an officer who had i been truined In the secret service divls- Ion from giving the benefit of that ex-! ex-! perience to any other department of the I government under any circumstances, and ll is thus sought to confine tho worl of these skilled men to ono particular branch of the government service Broadly, this deprives any other department de-partment of tho services of these men under any conditions, and will operate to hamper and embarrass some of them, t notably the department of justice, In the ' continuance of current work pending prosecutions which may not be reached until we small have entered upon the fiscal year of 1H09. Should this proposed amendment become a, law, the only gain-I gain-I or would be tho wrongdoer and tho government gov-ernment would be tho loser. I might point out to you that the services serv-ices of these men are never utill.cd In seeking possible violations of ho UtutcJ. but are employed for r PsJj obtaining evidence and completlnt " where violations of the JYiJey are known to exist; In other wonls, t aro assigned to specific cases and .nc not given roving commlss ons to jo pr Ing about. In the hope of disclosing possi hie Infractions of Ihw. . Inusniuch as there Is no question n o the efficiency of these men and their value to the prosecuting oftlcoi. J c only suggest that If tho method" i which their services arc now extended to the other departments are objected to on I technical grounds, then, having tlio pub lie welfare solely In view, ron e ;et 0 , should be taken by Uie cglsluhve ' ft1 of the government which will enable the 'other departments to obtain the sen ces j of these officers as they may be requited ' from time to time I T cannot Impress upon you too em-! em-! phatlcally my conviction that any mfJC": i ticution of the statutory rights accorded to the secretary of tho treasury by section sec-tion 16C or any restriction upon the use of these men by other departments win be wholly and solely of advantage to tlio enemy of public welfaro and government ! interests. A . . I 1 append a brief reference to certain matters other than suppressing counterfeiting, counter-feiting, some, of them In the treasury department and others outside of it, in which men dctsilled or loaned from the secret service division have accompllsnefi results of a satisfactory character and which will Indicate to you the broad and varied field of activity in which these men have been and may be employed for the benefit of tho government. Respectfully, Respect-fully, (Signed) G. B. CORTELYOb, ' Secretary. j Outside Cases. ' Cases outside the treasury department In which secret service agents have been employed by other departments. A general investigation of naturalization naturaliza-tion affairs disclosed extensive frauds In Now Yor and Pennsylvania. Tho chler conspirators, who were selling fraudulent papers, were arrested, their counterfeit court seals and thousands of fraudulent certificates and blank applications were seized and destroyed, and the principals were convicted. Several hundred convictions convic-tions followed where persons were Implicated Im-plicated in obtaining and selling fraudulent fraudu-lent papers. This work was practically conducted and concluded by four agents of the secret service division. The paymaster of tho government medical med-ical supply department at San Francisco was robbed of his official check books, perforating machine, rubber stsimps, etc.. and thousands of dollars were realized by the thief on fraudulent checks. The thief was captured and convicted by agents of the secret service division. A defaulting national bank cashier from Newport. ICy.. yvas located, captured and convicted. Petty thievery at the Philadelphia mint was detected and the thieves convicted. Thefts from the navy yard at Philadelphia were Investigated and the guilty persons punished. Petty officers In the New York navy yard, who were accepting bribes to give promotions to favorite applicants, were convicted and the practice broken up. Agents of the .secret scrvlco division located the fugitives Greene and Gaynor in Canada, secured their arrest and transfer trans-fer to Montreal fiom Quebec, and started Iho proceedings which resulted In their subsequent surrender to the United Stales, yvhere they were afterward convicted. The defaulting cashier of the National 1 bank at Bridgeport, Conn., yvas traced and followed to Panama, arrested, re- turned, convicted and sentenced to ten years. The" investigation of crime under the peonage law was commenced In Alabama Ala-bama and Mississippi. Numerous convictions con-victions were secured and the objection- 1 able practice yvas abandoned In many districts. dis-tricts. An investigation of the land of- lice In the Interior department was In - auguralcd with Secretary Hitchcock by agents of this service, disclosing a gi- gantlc conspiracy involving the bribery of government employees and tho fraud -ulent acquisition of public lands. Many prominent persons were Implicated In theso cases and their Indictment and prosecution followed. 1 Tlie defaulting fugitive president :md Ohio, were ."a'.hlo and convicted of government prPCrt aiui,ii,, .cre jn- 1 For! Hamilton and t ho Pfhl,?eS and vcstlgatcd and the ScVed the , ,r. convicted. Assistant u8nr0T ' tvu.st 1 HY department of 'Vccut tonsVol- i ' ' investigation at Chicago. ncuom the ' lowed and fines were In" m ( . cases investigated by tocroi. en Ji nSSeeret service agents invostipated ca I of Illegal fencing and WXA. I qulsltlon of sovernim-nt land In of M : va rlous lottery en t erprlses Mi. In the south nnd west. When broir.iu n a successful conclusion over iJOO.OOO W&.f Ul lines we're f collected Trom the offender H roverninent hind valued at hundreds of B Miousands of lollnrs was recovered under H net on in equity based on investigations M of agen s of tbe secret service division H SnTX? of the consKratm-s wero prose- W&tn?l!rrtflntcml revenuo lav.s- K bv pron lii'Mit distillers In Virginia wen; K invest? gated bv secret service agents and M, K&rs convicted nJJS S; fcVlniWffl conducted bf an agent A of tho .secret service and the ci.ui-n en glneer In charge and a num bcr of hi K ?lstants. together with the. contracting an firm are under indictment. 1W In St 0 n to the foregoing there have 1 been n v cases in which secret service W Leents hslvd been used to disclose, the M whfM-o'ibouts of property concealed by JJW S'krupts and to secure the evidence upon which the offenders have been convicted. ITO in hundreds of cases the department of IHl j st cc has utilized these men for the pur- 1 W nose of locating missing witnesses, fngi- 1 fet Vivos from Justice, to Investigate tho li unscrupulous and yvcaltsiy attempts at JV Jury bribing have been trustrated by Wm secret service agents. Filibustering expe- flVv dftlons against friendly governments have MM; i. been Investigated and broken up and. JUT prosecutions in many cases followed. MJ