Omaha daily bee., 1903-01-16
TIRE cB1aeE OF DERELIorioE.

We have heretofore referred to the
charge Of derellction made against the
law officers Of the government, chiefly
on the part OF democrats, in regard to
enforcing the antitrust law. In the
United States senate on Wednesday
Senator T4llman, who is a representa-
tive democrat at least Of his section,
renewed the charge, asserting that
proof, ~pleadings aud petitions had been
presented to the attorney general warn
ing and begging him to protect the peo-
pie against the impending danger, but
he has sat quietly in his Office and done
nothing" If this be true then indeed.
Attorney General Knox deserves I'M
qualified condemnation, but there is no
evidence adduced to sustain the charge
and fair-minded men will not accept the
bare and unsupported statement Of the
South Carolina senator. whose habit Of
reckless assertion is well known.
1t Is the view of some thoughtless per-
sons that as soon as the coal situation
became menacing to the public interest,
or they received from some source a re-
port setting forth the existence Of a
coal combination, the law officers of the
government should have proceeded to
cause the arrest Of coal operators, rail
way managers and any other who might
be implicated. For instance, a New
York newspaper publisher sent to the
attorney general a statement charging
the existence Of an illegal combination
or conspiracy among railroads engaged
in transporting and selling anthracite
coal and proffering evidence in support
of the charge. 1t was referred to the
United States district attorney in New
York with instructions to receive the
evidence and report to the Department
of Justice. This was the proper course,
but because no suit has yet been brought
the attorney general has been criticised
for failure to perform his duty, though
those who do this know nothing of the
evidence and have no reason to suppose
that the United States district attorney
in New York and the officials of the De-
partment of Justice are not prosecuting
a necessary investigation.
Hasty action in a matter Of this kind
would be most impolitic and unwise. II
was discussed a short time ago in the
United States senate and Senator
Spooner said that Where a lawyer is
bringing suit against men with un.
limited capital, who have built around
themselves, through the assistance OF
most skillful and able lawyers, every
possible safeguard, he desires to thor
oughly understand what he can do and
to thoroughly explore the whole situa
ton before he puts the matter into
l court. He wants to be reasonably GER
: tain, as a lawyer, that he can succeed
{ Senator Foraker of Ohio, an able law
yer, said in regard to testimony pre-
scented that the attorney general would
: not only want to examine 1t as to thu
> fact, but he would want, If he though
: there was testimony to be had tina
would support the charges, to examin,
other questions. He would not onl,
look at 1t as to the suficiency Of test
!. mony and as to it's availability, but h,
would also have to consider jurisdic
tiOnal questions.
The charge of dereliction against tn,
attorney general of the United State
has nothing to support it and we be
g lieve is wholly unwarranted He is al
e able lawyer and a conscientious publ
official and there is not a REASONABLE
doubt that he is faithfully performing
@ his duty.