Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-04-11
EVADING THE LAW
CRIMINAL CLAUSE OF SHERMAN
ACT SHOULD BE ENFORCED
Well Known New York Lawyer Says Many
Truss Masnates Could be Successfully
Prosecuted Criminally Under the Law
Why Are They Not?

Samuel Untermeyer, the we'll known
New YORK lawyer who exposed the ship
building trust, has given to the New
York World an interview on the anti.
trust law. This interview should have
wide publicity. Mr.. Untermeycr de-
clares that there are many trusts whose
managers could be successfully prosecut-
ed under the criminal clause OF the Sher-
man antitrust law. He declares that
single conviction in the criminal
courts would have more beneficient effect
than a lifetime Of civil litigation.
While Mr.. Untermeyer does not men,
ton these trusts specifically, the World
says that it is plain that the steel trust
and the international mercantile marine
are open to prosecution under the crimi.
nal clause, according to the decision de-.
liveIed in the merger case.
Mr.. Untermeyor says :"It is in its Grim
inal aspects that the law can be made
most effective. For some unexplained
reason the government has never invok-
ed criminal provisions Of the statute"
Mr.. Untermeyer's statements with re-
spect to the enforcement OF the criminal
law are so interesting that they are ie-
produced in full. He says:
"The same proof that has resulted in
the present finding that the merger con-
stituted an unrea sonable restraint OF
trade would have sustained criminal
conviction. The terror Of the criminal
law is the only effective restraining in
fuence against the continuance and rep.
etition of the defiance OF this law under
the innumerable DISCUSSES to which re.
sort may be had. If the department OF
justice is sincere in its desire to enforce
the.law in good faith it can accomplish
more by single criminal prosecution in
the way OF disband,ng existing viola
tions and preventing new ones than by
devoting lifetime to civil action.
"The civil remedies underit can never
be made effective in practice. We had
fair illustration of that in the case OF
the sugar trust. in which the attorney
general OF this state, after years OF litiga-
ton, obtained an adjudication dissolving
the trust as conspiracy. Judgment
was entered aud receiver appointed.
What was the result? The receiver un.
der the direction of the court and at the
request of substantially all OF the stock.
holders transferred the property and
business in bulk to the American Sugar
Refining company.
"We had then the spectacle OF great
industry that had been judicially de-
clared criminal conspiracy handed ovel
in its entirety on the order OF the court
to a corporation formed for the purpose
The new corporation thus derived from
judicial authority its title and its right tC
continne perpetually to exercise the mo.
nopoly on account of which it's predeces
sor had been condemned! What greater
travesty upon the administration OF JUS
tice could possibly he conceived!
"a similar result under other forms i!
almost certain to follow the decision il
the Northern Securities case. What par
ticular form the new monopoly will as
sumo has not yet been determined. Il
requires little stretch CT the imagination
for lawyers to conceive methods tina
may be employed for the purpose, an(
so when the public attention is no longe
rivited upon this company we shall prob
ably witness the act that has been here
condemned re-enacted in slightly diff
ferent form, and another lesson will hav'
been taught to the people in the method
of circumventing the law.
''For these reasons repeat that if tbi
law has any value for the people it is il
its criminal features. If the government
wishes in good faith to enforce the law i
will.invoke its penal provisions. A sin
gle conviction accompanied by imprison
ment will do more to teach respect 10
the.law than all the decisions of all thu
courts fer all time to come based only O
the civil remedies that may be invoked
lit is incredible that no effort .shoul
have been made during all these year
OF fragrant violation to enforce the GRIM
nal provisions if there were an homes
disposition to enforce the law during tn
fourteen years it has been existence"
What will be the legal effect Of til
decision in the Northern Securities cas-
upon the ability of the government to er
force the law against other COZ porations
ESQ far as concerns railroad corpors
tons, those similarly situated will (
course come within the rules there lai
down. The anthracite coal carryin
roads, such as the Reading road, wit
their ownership of coal mines can III
doubtedly be reached.
"The decision will not affect industris