The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-08-09
HARD TO FIX BLAME
Prosecution of individuals in
Trusts Not Assured.
IN ATCHIsON CASE
Found Guilty of ViO-
lating Anti-Rebate Law, but It's
Vice President, Paul Morton, and
other Officers Declared Innocent.
BOnaparte Differs from Moody.

The criminal prosecution of individuals
who are charged with responsibility for
corporate violations Of the antitrust laws
is the avowed policy of the administra-
ton. but the decision 10 begin a prOsecu-
ton in any particular case will depend
strictly upon the reasonable expectation
that a conviction will result
The recent activity of the admnistra-
ton in insututing suits against some Of
the largest corporations in the country,
and the infrequency of attempts to pros
much comment. and 1t is frequently asked
whether the government viii not pursue
q more aggressive policy toward officers
Of corporations who are deemed respon-
sible for infraetIons of the law
The answer to such query is that the
President and the Department OF Justice
are in favor OF the most vigorous meas
ures against officers Of law-breaking cor
poratons; but it is freely confessed that
it is much less difficult to prove that VIC
latiOns DO exist to punish the corpora
ton for those unlawful acts than II is
to locate the responsibility with any par
ticular officer or employee.
BOnaparte Is willing.
Mr.. Bonaparte is quoted as having said
more recently that the Department Of
Justice would like to put several high
officers Of corporations in Jail. believing
that the effect Of such punishment would
accomplish much more than the punish
ment Of the corporation as such; and this
has all along been understood 10 be the
policy of the administration. The AttOr-
ney General is also quoted as saying that
II is difficult TO see how a Iaw-breaking
corporation can be adjudged guilty and
the president of the corporation declared
innocent
Yet his predecessor in Office Mr. Moody.
argued quite the contrary in the case OF
the AtChisOn rebates. and Paul Morton.
who was that cOmpanys vice president
AT the time OF the violation OF the anti
rebate law In that case it was found
by the court. IN fact, that the corporation
was guilty, but that the officers We're not.
Atchison Case DiscOuraEeS.
With the Atchlson case in mind. the
Department Of Justice is naturally not
very much encouraged to believe that the
criminal prosecution of officers of law
breaking corporations viii succeed, unless
the strongest evidence of the most spe-
clfc kind can be introduced in court by
government counsel
The government inQuIsitors admit that
it is next to impossible TO secure such
evidence in the great majority Of cases:
but II is also declared that efforts to that
end viii not be relaxed. and that. eventu-
ally, the public may be startled with some
successful prosecutions of high corpora
ton officers under the criminal statutes
Better Conditions Promised.
Acting Attorney General Russell. in a
statement yesterday afternoon. declaring
that the Department Of Justice is incapa-
bic Of conducting half of the antitrust
and rebate prosecutions which public
rumor attributes TO it, says:
1T viii doubtless be the policy Of this
department. 20 aid in the speedy aeterml-
nation OF all the questions involved in the
railroad rates controversy by the Supreme
Court and in that high tribunal the
rights of all will be safe and soon set
tied. When the department shall have
continued a while longer enforcing the
laws against rebating and restraints and
monop0lies Of trade, the result cannot
fail 10 be sOunder and less tainted pros
perity."