The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-09
GOING EASY ON INDIVIDUALS
GOVERVNENT AFRAID 1T WON'T
NAVE CLEAR CASES.
violations NJ Antitrust Laws Can ne
Proved Against Corporations and Their
MINOR servants. but Department OF
Justice wants To Got Those Higher tIp.

IIIO .NNNse phs ~ W. W.
Justice wants tn Got Those Higher Up.
WASHINGTON, Aug. s.--The criminal prose-
r,tion OF individuals who arc charged with
re~sponsibility for corporate violations OF
the anti-trust laws is the avowed policy
NJ the administration The decision to
begin q prosecution In any particular case
will depend. however, strictly on the reason
aide expectation that a conviction will
result The activity Of the administration
m Iustituting suits against some of the
largest corporations in the country and
the ~infrequency OF attempts to prosecute
individuals naturally rave caused
Il is frequently asked whether the Govern
ncnt will not pursue a more aggressive
policy toward officers Of corporations who
are deemed responsible for infractions Of
the law
The answer to such inquiry is that the
President and the Department OF Justice
are in favor Of the most vigorous measures
against officers Of lawbrcaking corporations.
But it is freely confessed that it IL much
lees difficult to prove that violations exist
snd to punish the corporations for these
unlawful acts than it is TO fix the rospon-
slbility upon a particular officer or employee.
In discussing this question az long ago
as last winter Attorney General Bonaparte
enid to Tbs Sun correspondent thai il was
comparatively easy in certain cases to con-
vict a minor employee OF immediate re-
sponsibility for infractions Of the anti
trust law by great corporations. He added
that there was little satisfaction in Furnishing
clerks or minor officers when IL is bviou
that their orders came from higher up.
The punishment OF the minors, the Attorney
General believed then, would not reach the
root of the evil.
Mr.. ~Bonaparte ia quoted as having said
more recently a the Department of
Justice would like to put several high Of
fcers Of corporations in Jail. believing
that the effect Of such punishment would
accomplish much more than the punish
ment OF the corporations as such. This
has all along been understood to be the
policy Of the Administration The At
torney-General is also quoted az saying
that IL is difficult to see how a law breaking
corporation can be a~djudged guilty and
the president Of the corporation declared
innocent.
His predecessor in Office. MIR. Moody.
argued quite the contrary in the case OF
the Atchison rebates Paul Morton was
that c%ompany's vice-president at the time
a I--
VI ~ Vro"'noh ."o ""
In tnat case IL WIS iouhu ny Vne Ooui. !"
effect that the corporation was guilty.
brt that the officers were not.
With the Atchieon case in mind. the De-
partmcnt OF Justice ia naturally not very
much encouraged to believe that the Grim
80 .-~..a,,e. % oeao-a - .whraoL;no
'aI
.oipoiSS..Snn' S'Ns nnais9 ia 80 -
n,voLuonJ & aour, h, Copernnoan, co,naeI
Tba Co,.rnn,.nt inG,is;tors admit thar IN
4. nart q, ,n,nossibie 10 secure such evidence
in the great ma ioritv of cases. II ia declared
that Efforts 10 that end will not be rela xed
and that eventually the public may be
stsrtled with some successful prosecutions
Of high corporation officers under the Grim
inal statutes.
Acting Attorney-General Russell mace the
following statement to-day;
am daily answering inquiries which in
dlcate that all kinds or unfounded rumors
are afioat concerning Investigations ana
intended antitrust suits and prosecutions
by this Department. Fortunately or unior-
t~unately, the department Is unable 10 40