TLS signed “Wm. H. Taft,” two pages, 7.75 x 9.75, Department of Justice letterhead, September 15, 1890. Letter, written as acting attorney general, to US Attorney Eugene Hay, about prosecuting Internal Revenue cases. In full: “In connection with the telegram of the Attorney general, dated September first, with reference to the course to be pursued in prosecutions in Internal Revenue cases, and your answer of the same date, I herewith enclose copies of a letter from Senator Washburn, under date of the 13th instant and of a telegram referred to in Senator Washburn’s letter from the Collector. The facts stated with reference to Peterson in the telegram would seem to indicate a mistake of law rather than an intentional violation…the question of instituting prosecutions is in your discretion, as the result of your investigations, you find an intentional violation of the law, you are authorized to disregard the recommendations of the Collector. It is hoped and expected that no prosecutions will be begun except such as are instituted for Eugene G. Hay–2. willful violations of the law.” Horizontal fold through top of Taft’s signature, staple and hole to top left and uniform toning, otherwise fine condition.
Early in Taft's career he worked as a collector for the Internal Revenue, so he knew tax codes well. In 1890, he had risen to the position of Solicitor General, gaining early experience trying cases before the Supreme Court and, as evidenced here, assisting Attorney General William Miller in advising District Attorneys. This letter reveals his compassionate side, admitting that given the facts provided to him by Senator William Washburn, he does not believe that the person in question knowingly broke the law and that "it is hoped and expected that no prosecutions will be begun except such as are instituted for willful violations of the law." It's interesting that a man who throughout the rest of his career would uphold the letter of the law in this instance clearly goes against the old axiom that "ignorance of the law is no excuse." Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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