The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-07-17
MAY GO AFTER
THE ATTORNEYS

WASHINGTON, July 1G.-Anott-
or bomb may be thrown into the
camp of the trusts by the federal
government, by the announcement
that prosecutions are to be started
against lawyers who have aided in
the format ion of combinations in re-
straint of trade. incidentally, this
action would produce CONSERVATION
among the members of the legal fra
ternity, many of whom have been
parties to illegal trust transactions.
according to an offi.ial high up in
the government service.
Heretofore, counsel emp Dyed by
trust managers have been immune
from prosecution No hints have
ever been given that it was the in
tention TO raise the question of their
standing before the criminal courts.
In late years, the operation Of the
larger concerns have been carried
on largely by high-priced lawyers
who were expected to take an active
part in the business life of the cor
poration, to devise ways and means
whereby desired ends could be at
tanned, and the function of the re-
tanned counsel has been broadened.
from the one time mere advf as to
law points, to actual execution of
the acts.
the governments campaign against
the trusts has been abortive, the adj
ministsntion has been extremely de
sirious OF accomplishing something
effective, to actually put stop to
the operations Of some combination
in restraint of trade. Putting in
jail the big men who are at the head
of the important mergers which are
proven to be illegal has been
thought to be one means toward that
end, and now it is contemplated to
include the lawyers in the number
Of those who may be imprisoned.
Discussing the matter, one of the
attaches of the department of jus
tice in vitality important capacity,
said today:
"The government holds that no
good reason exists for permitting
members of the legal profession to
continue to assist in forming and
conducting Illegal combinations, un-
der cover of their plea that they are
mercy performing professional du-
tiles. The law plainly is against such
procedure by lawyers. Already a
case has been decided by a federal
Judge, in which he held that the gov
ernmemt's contention was sound
that lawyer could not come into
court and plead immunity from pro-
secution or freedom from duty as
witness on the ground that his re-
lationship is confidential and 'privi-
legged. =
The official then took down
number of law reports, and traced
out a line of authorities to support
his position.
Here he said, his an authority,
Unde,hil, on Evidence, seltion ia,
page 254, which says:
Communications or acts arising
out of conspiracy to defraud in
which both attorney and client par
ticipate are not privileged That
means, and the court held that it
did, that the attorney may not val
idly plead to the court that his act
was that of lawyer and can not
be charged against him as Grim
inal act.
Here's another: If attorney and
client enter into conspiracy to vio-
late the law, neither should be al
lowed to conceal the unlawful pur-
pose under the cloak of professional
privilege. There is no confidence as
to the disclosure of inquity. Jones
on Law of Evidence.
And still another court decision
in the case of O'Brien VS.. Spalding,
102 Georgia, 400: The relation of
attorney and client can not exist for
the purpose of connecting crimes.
If the client consult the
lawyer with reference to the perpe-
tration of a crime, and they both
cooperate in effecting it, there is no
privilege, for dit is no part of an at
torney's duty to assist in crime-he
ceases to be counsel and becomes a
criminal
Il could cite you a Gong line of
decisions which carry out these here
given. The law plainly is that law
yers cannot assist in forming Illegal
trusts and escape punishment If it /
be proven that they performed uhe
act. To adopt this pdlicy-prosecut-
ing the counsel of trusts proven to
he illapa1-uEill marina NC do moro m