OTHER WAR CRIMINALS

Dominion, Volume 12, Issue 278, 20 August 1919, Page 11

OTHER WAR CRIMINALS

THE INCOME TAX CHEAT

Eighteen months in gaol and a fine of 10,000 dollars (iiMOO) was tho jenalty paid by botli William A. English and John H. (XBrion; of the firm of English and O'Brien, wool dealers, who recently pleaded guilty to a charge of defrauding tho United States Government of more than 1,000,000 dollars (,£200,000) by evading tho corporation income tax. In delivering decision to this effect, Judge Anderson, of the United States District Court, pointed out that the offenco was deliberate and continued, and that it involved taking advantage of a world' condition which sent millions of men to the battlefiold. He said: N "These profits of over 2,600,000 dollars (.£520,000) in three years are not attributable to the business abilities and energies of the defendants; they simply accrued to them out of war conditions. In no economic or social sense were they either profits derived from their capital risks or oarnings based on their business activities. They were typical war profits; money which accrues to individuals in time of war out of the general misery of mankind; profits or income which in England have been made the bases of taxes running as high as 80 per cent., and in this country as. high ns 60 per cent. We cannot blink at tho fact that just as the nation was forced into the worst war in history these defendants entered deliberately, upon a criminal conspiracy to . cheat their country out of large sums accruing to them from the same world conditions that put our .young men by the million on the battlenlds of France. "The. present case is not a mere tax dodging case; it arose in time of war out 01' war conditions. The offence was committed deliberately and persisted in for a year. Wnin that same year conedentlous objeotora' were in largo numbers seat to prison under long sentences, f'nder the Espionage Act men.of previously unblemished character were sentenced to 10 or even 20' years' imprisonment under convictions of disloyal utterances. Befusal to register or report lor military service iret'by those obviousiy unfit for 6Uoh service was punished by substantial terms., of imprisonment. "I do not refer to these sentences, appalling their severity, as indicating a belief that they should be followed as precedents, I think that most of them should not bp followed. I no belief in vindictive or cruel punishments. They do not protect society. They create, hatred and'contempt tor government. : But criminal justice is not justice unless it is, or at least.attempts to be, even handed. ,• To visit condign punishment upon those who, in time ot war, 'seek to save their lives, limbs or health from war risks, and to grant immunity to those, who out of war profits, 6«ek by criminal conspiracy, to escape contribution to their country s needs, is plainly a proposition that no federal court can Entertain.