The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-09-20
Bonaparte Tells Why No
Trust MagnateS Are Be-
hind Bars.
WILL NOT DISCUSS
THE FORAKER CASE
Declares Government Is Pushing
Vigorously Suits in Trust
Busting"

BALTIMORE. Sept. 19.-Attorney Gen
eraI Bonaparte. Tho was in Baltimore
today. made a sharp answer TO the
charge William Jennings Bryan has
been repeating frequently OF late-that
the present Administration has not
squared its performances with its prom
ises. by putting some trust magnate in
jail.
From the time I became attorney
General to the present said Mr. Bona
parte. lit has been the earnest desire Of
the President. as well as myself, to do
that very thing. in a proper case. i
have been compelled, however, 10 ad-
wise against such a prosecution IN every
instance suggested. because l did not
believe II would be successful, and did
not wish to give the defendant the
benefit Of an unmerited whitewash-
Barred by Limitations.
IN the case Of nearly all the great
trusts. the combinations and consolida-
tons to which individuals prominent
IN their management were parties, as
such, took place from ten TO twenty
years ago. and, even II they occurred
after the enactment of the Sherman
antitrust law. had been long since
barred by limitations when 1 assumed
my present office.
You will remember. that with re-
spect to crimes against the United
States. the reriod of limitations Is only
three years. In our report on the postal
fraods. Holmes Conrad and I suggested,
that this period ought TO be heightened,
and the President so recommended, but
Congress took no action on the subject.
1T is, Of course true. that officers Of
corporations can be held responsible
criminally for corporate acts, IN which
they are proved beyond a reasonable
doubt individually to have participated:
but while II is comparatively easy 10
prove the act Of the corporation II is
usually very difficult, often altogether
impossible. TO obtain legal evidence to
convict individual officers.
Advice Plentiful.
while, therefore. I am well aware
that certain newspapers and other pur-
veyors to the public. of what Speaker
Cannon calls wind and in have been
crying out loudly for some trust mag
nate TO be put behind the bars, I have
always found this advice TO be of the
same character as that generally given
by bystanders 10 the smaller boy in a
street fight, namely, go in and win,
which. as Dickens wisely remarked, is
an excellen, thing 10 do when one can
do II, but not an especially good thing
10 try 70 do, when one can't"
Mr. Bonaparte was asked IL Senator
Foraker, II the charges brought against
him by William r. Hearst can be
proved, IS not liable to criminal prose-
cutiOn for accepting bribes, but he re
fused TO answer this question. on the
ground that. as Attorney General, il is
proper for him TO give opinions only to
The President and his official advisers.
Attention was called TO the fact that
the charges against Foraker, as well
as those against the trust magnates re
ferred to by Mr.. Bonaparte, are also
barred by the law OF limitations.
Revertins to the trust question, Mr..
BOnaparte said that the Government
prosecution Of the Standard OIL Com
pany, the coal carrying railroads. the
Powder trust, and the work of his
office in defense of the commodities
clause OF the Hepburn act were all be-
ing pushed vigorously.