The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-07-12
RECEIVERS WILL
STOP UNLAWFUL
TRUST METHODS
Bonaparte Throws Light on
His Novel Procedure
in Prosecutions
CONTROL TEMPORARY
Uncle Sam Not Going Into
Business of Running
the Combines
LAW is INADEQUATE
Attorney General Says She
man Act Alone Would
Not Avail
SPECIAL DIsPATcH TO THE CALI


WASHINGTON, July l1.-At-
tomey General Bonaparte de-
clared today that the government
had no idea of going into the busi-
ness Of running the trusts through
the medium of receivers. Incl
ientally, he discussed the effect
of prosecutions under the Sher-
man antitrust law on prices of
commodities.
What is the significance of the
policy adopted by the department
Of justice Of receivers for law break
ing monopolies?" Bonaparte was asked
1T must be understood in the first
place" he replied. that the prayer for
the appointment of the receivers as
part OF the relief prayed in the bill
against the socalled tobacco trust is
not an application for relief prior to
the final decree in the case. To use a
technical term, it is prayer for ordi-
nary and not for extraordinary relief.
The theory is that if a court of
equity finds a corporation or cluster
or corporations engaged in an unIaw-
ful business it will utilize all Of its
accustomed agencies TO put an end 70
this unlawful business. Such illegality
Of the business. however, consists not
merely in the fact that it is carried on
but in its being carried on under cir
Q cumstances which make 1t an unlaw-
ful monopoly, or an attempt to attain
an unlawful monopoly. The court is to
be asked to appoint an officer who will
temporarily conduct the affairs of the
corporation or corporations involved so
az TO eliminate gradually the unlawful
features while preserving, so far as
possible, the legitimate interests of all
concerned from injury during the
process Of adjustment.
The prayer for this relief. If sus-
tained by the courts, will, 1t is hoped,
prove a practical and effective method
81 insurfng obedience to the law In
cases where there seems to be much
danger Of evasion. Its embodiment in
the bill Just filed has no other signif-
canoe than to show that the subordi-
mates Of this department are giving
their best time and thought toward
making its work effective in attaining
the ends of the law.
The government has no idea of go
ing into the business of running trusts
The receivership application is merely
a means of relief. temporary means
Of relief just as any receiver might be
called upon to administer a corporation
in the Jurisdiction OF the court for the
purpose OF attaining certain temporary
ends. It is true that it is a new de-
parture in equity practice, but there
are analogies which sustain it. Still
there are some interesting legal ques-
tions involved"
DO you think that the Sherman Law
is adequate to enforce competitions"
i do not" was the emphatic reply
Il think that the Sherman law is one
of many different means working K
this end, but standing alone and with.
out any other measures Of Legislation
or administration tending to counter
vail the tendency toward combines
both of capital and labor, for the Sher
man law applies to both, the act is not
sufficient 1 may add that I think thii
is the general opinion among all vel
informed persons