The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-25
THE CASE OF MIR. SMILEY.

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sentence which was imposed on him
something more than three years ago
for violating the antitrust law. To be
sure Mr.. Smiley is not yet in jail. but
there is a very serious prospect that he
will be. OF course Mr.. Smiley knows
all about this prospect, but he is not
the sort of a man to run away, and
about the only thing that can keep
him from being compelled to go to
Jail for ninety days is a pardon from
Governor Hoch.
There are two sides to the Smiley
pardon case, the personal side and the
moral or ethical side. The personal
side pleads very strongly for Mr..
SmiIey's pardon. People who know
Mr.. Smiley would take no pleasure in
seeing him punished personally. for of
| course Mr.. Smiley does not belong to
what is known as the criminal class.
Personally Mr.. Smiley is a business
man and a gentleman, and as a law
breaker he belongs to the same class
as John D. Rockefeller, some of the
big railroad companies, and others
who enter into business combines IN
restraint of trade.
It is argued that the Smiley case
was test case only. Mr.. Smiley has
never pretended that what he did was
not in opposition to the antitrust law,
but his contention has been that the
law was not constitutional and hence
that he was not really breaking any
law. Now after three years. the
United States supreme court has de-
cided that the law is constitutional
and that Mr.. Smiley will have to serve
the sentence imposed upon him for
its violation. Being the first case of
Sc
friends, and especially the grain deal
ers whose secretary he was-and it
was by virtue of holding that office
that he was singled out for prOsecu-
tiOn-naturally think he should not be
compelled to go to Jail.
On the other hand, there are the
ethical arguments in the case Ethical
~ Mr. Smiley is a law-breaker and
there is no way of getting around it
Little attention has been paid to the
antitrust law in the past, and there
never will be if no punishment is to
be attached to its violation. It is the
going to Jail that business men who
are engaged in unlawful combinations
fear. 1t is therefore argued that the
moral effect of the Smiley conviction
will be lost if Mr.. Smiley is pardoned,
and that the trusts VIII go on break
There is no doubt that the opera
tons of the grain dealers association,
under Mr.. Smiley's direction. a few
years ago, were in fragrant violation
of the antitrust law, and in some
places they were exceedingly oppres-
sive upon the wheat growers. In GER
tain localities every trace of competi-
ton was crushed out and all grain
dealers were compelled to become
members of the association and abide
by its rules, which included paying a
fixed price for grain and pooling the
profits as directed by the officers OF
the association In some respects the
grain dealers association is a good
thing, but this feature of it was GER
tainly Ubiquitous. Since the prosecu-
lions of members Of the grain trust
and since the farmers |
elevator companies have been organ !
lied over the state, Ragrant instances
of this kind have become rare.
1t is argued, too, that trusts have
become so oppressive and so arrogant |
that it will require heroic measures to
break them up. Heroic measures
might as we'll begin with Smiley as
with anyone else, as the organization /
Of which he was the executive officer
was at the time the prosecution COM
menced among the foremost violatofs
of the law.
These are the two sides to the
Smiley case. It is a question of
whether Mr.. Smiley shall be regarded
personally and be shown executive
or regarded as a type of a
class and be compelled to serve his
as a warning to other trust
violators.
Mr. Smiley was the leading spirit
in the organization of the grain trust
and in carrying out its violations of
the law. He knew what he was about
when he violated the law. Notwith-
standing any personal sympathy one
may have for him, does not due re-
gard for the dignity of the law and
regard for the future demand that
Mr.. Smiley be compelled to serve his
instead of being granted a
pardon by Governor Hoeh even before
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