New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-08-21


the national government
PROSECUTORS DIFFICULTIES
In dealing with those who offend against the
antitrust and interstate commerce laws the
Department Of Justice has TO encounter many
and great difficulties. often men who have
been guilty of violating these laws have really
acted in criminal fashion, and if possible should
be proceeded against crimina1ly; and therefore
II is advisable that there should be a clause IN
these laws providing for such criminal action.
and for punishment by Imprisonment well as
by fine. But. well known. in a criminal
action the law is strictly construed in ia IT CT
the defendant, and in our country, at least. both
judge and jury far more inclined TO con-
slider his rights than they are the Interests or
the general public; while, in addition. it is al
ways true that mans general practices may
be bad that a civil action will lie when 1t
may not be possible to convict him of any one
criminal act. There is unfortunately certain
number OF our fellow COuntrymen who seem 10
proved guilty of some particular crime he shall
be counted a good citizen no matter how in
famous the life he has led matter how per
niciouS his doctrines or his practices. rms Is
the view announced from time TO time with
clamorous inSistence, now by a group OF pred
aior} capitalists now by group OF SIHlS'eI
anarchistfc leaders and agitators. whenever a
special champion Of either class. no matter now
evil his general ilfe is acquitted OF some one
specific crime. Such view is wicked whether
applied TO capitalist or labor leader. to rich
man or poor man. And all that | have said
as to desirable or undesirable citizens remains
true But we have to take this feeling INTO
account when debating whether II is
ceedlng against some rlch trust maghaJe'
many of whose actions severely to be
condemned from the moral and social stand
point, but of whose actions seems clearly
TO establish such technical guilt as will insure
conviction As matter of expediency, in
enforcing the law against great corporation,
have continually to weigh the arguments
pro and con as to whether a prosecution can
successfully be entered into. and as TO whether
we can be successful in a criminal action against
the chief individuals in the corporation, and IL
not, whether can at least be successful in a
civil action against the corporation itself Any
effective action on the part of the government
is always objected TO, as a matter of course. by
the wrongdoers. by the beneficiaries OF the
wrongdoers and by their champions; and often
one OF the most effective ways of attacking the
action of the government is by Directing to
practical action upon the ground that II does
not go far enough One of the faVorite devices
of those who really striving to prevent the
enforcement of these laws is to cla1nor for
ton of such severity that it cannot be under
taken because It will be c-rtain to fan IL tried
An instance of this is the demand often made
for criminal prosecutions where such prosecu-
tons would be certain 20 fail we nave tound
by actual experience that a jury which VIII
VIII acqu1t the indiVfdual members OF llat cor
poration If we rrOceed against them Cr1minally
because of those very things which the corpora
ton which they direct and control has done. In
a recent case against the Iicorice Trust in
dicted and tried the two corporations and their
respective presidents The contracts and other
transactions establishing the guilt Of the cor
porations We're made through-and far as
they in writing were signed blythe two
porations and acquitted the two men. Both YER
diets could not possibly have been correct; but
apparently the average juryman wishes to see
trusts broken up. and IS quite READY 10 me the
corporation itself. but is very relr~tant TO ind
the facts proven beyond a reasonable doubt
when il comes to sending to Jail reputable
member of the business community for doing
what the business community has unhapply
grown to recognize as wellnigh normal in bust
ness Moreover. under the necessary teChnicai-
ties of criminal proceedings. often the only man
who can be reached crininally will be some
subordinate who is not the real guilty party
at all
Many men of large wealth have been guilty Of
conduct which from the moral standpoint Is
criminal, and their misdeedS are 10 pecuIlar
degree reprehensible because those committing
them have excuse of want Of poverty, or
weakness and ignorance to offer as partial atone
rnent When in addition to moral responsible
ity these men have legal responsibility which
can be proved to impress a judge and jury,
reach them criminally. Where this is impos-
sible then il will take whatever action will be
most effective under the actual conditions,
AFTER LAW BREAKERS ONLY
In the last six years we have shown that there
is individual and corporation so powerful
that he or il stands above the responsibility or
punishment under the law.
During the present trouble with the stock mar
ket l have. of course, received countless re
quests and suggestions, public and private. that
I should say do something to ease the situa-
ton There is Il worldwide financial disturb
ance. It is felt in the bourses of Paris and Ber-
lin, and British COnsols are lower, while prices
of railway securities have also deprecated on
the New York Stock Exchange the disturbance
has been particularly severe Most of It l be-
lieve to he due to matters not particularly con-
fined TO 1he United States and TO matters wholly
unconnected with aay governmental action. but
it may well he that the determination or the
government, in which, gentlemen, IT will not
wealth. has been responsible for something OF
the troubles, at least to the extent of having
caused these men to combine to bring about as
much financial stress as they possibly can in or
der discredit the policy of the government
and thereby to secure a reversal of that policy
that they may enjoy the fruits OF their own
evil doing That they have misled many good
people into believing that there should be such
reversal Of policy is possible If so. am sorry
but il will not alter my attitude.
Once for all let me say that as far as / am
concerned. and for the eighteen months Of my
change in the policy we have steadily pursued.
no let up in the effort TO secure the honest OBJ
servances Of the law. for l regard this contest
as one to determine who shall rule this govern
ment-the people, through their governmental
agents or a few ruthless and determined men
whose wealth makes them particularly fOrmid-
able because they hide behind the breastworks
of corporate organization.
I wish there to be no mistake on this point
II is idle to ask not to prosecute criminals.
rich or poor But desire no less emphaticaly
TO have II understood that we have undertaken
and will undertake no action of Il vindictive
type, and, above all. no action which shall in
flict great or unmerited suffering upon the in
nocent stockholders and upon the public a
whole. Our purpose is To act with the minimum
of harshness compatible with obtaining our
ends. In the of great wealth. who has
earned his wealth honestly and used il wisely
We recognize a good citizen worthy of all r,raisa
and respect. Business be done only under
modern conditions through corporations, and
our purpose is heartily TO favor the corporations
that do well. The administration appreciates
that liberal but honest profit for legitimate pro-
moters and generous dividends for capital en-
ployed. either in founding continuing hon
est business venture. are the factors necessary
for successful corporate activity. and therefore
for general prosperous business conditions.