Evening star., 1909-05-01
TRUSTS DULY WARNED
Price of Peace Obedience to
Law, Says Wickersham.
ADDRESSES NEW YORK BAR
Roosevelt's Work to Go on With
Vigor, But Less Noise.
SOME CASES TO BE ABANDONED
Changes in Sherman Act Are Sug-
gested as Advisable by At
torney General.
ADDRESSES NEW YORK BAR
SOME CASES TO BE ABANDONED

NEW YORK. May 1.-Attorney General
George w. Wickershan. who. prior to his
appointment to President Tafts cabinet
was one Of the leaders at the bar In this
city and state, was the guest last night
at Sherry's of the members Of the bar
Of the city OF New York
Such an assembly OF legal lights 40
were present last night has seldom met
to pay tribute to one Of their number.
Those present included jurists repre-
senting the court Of appeals. the appel
late division. practically the whole bench
Of the supreme court both in the first
and second divisions. federal judges and
lawyers representing every department
in the state.
Joseph H. Choate was toastmaster. He
paid tribute 20 the qualities OF Mr.. Wick
ersham. and spoke Of his close connection
with him at the bar extending over
twenty-five years.
All that Mr.. Choate had to say con-
cerning the guest OF the evening was re-
echoed by De Lancey Nicoll, Judge John
Clinton Gray OF the court Of appeals.
Justice Edward Patterson OF the appel
late division, and Judge Ward OF the
federal court.
Attorney Generals Speech.
Mr.. Wickersham spoke in part as fol-
lows:
Perhaps in this connection It may bs
appropriate to state in q few words my
ideas of the proper attitude OF the De-
partment of Justice with respect to the
enforcement Of laws affecting the bust
ness interests OF the country. You will
lrn hof he Mt it,.lA Of
part of the business community toward
some of the laws enacted by Congress
was. prior to six or seven years ago, one
Of indifference when not of hostility.
that many of the laws dealing with eco
nomic subjects had been passed to be
pointed to with pride rather than to be
enforced.
Then there came rude awakening.
The last administration set to work with
vigor, with energy. which was accompa-
MED at times with newspaper clamor to
enforce these laws.
Business men who eight years ago had
not read the Sherman antitrust law to-
day know it by heart; and railroad men
and shippers alike have an intimate per-
sonal acquaintance with the interstate
commerce act
Business and Antitrust Law.
mo American business man today can
truthfully say he does not know that 1t
is crime for q railroad to give, or
shipper to accept a rebate from the es-
tablished interstate rate The work Of the
present administration is none the less
important than was that Of the last In
continuing to- enforce the laws Of the
country. and In eudeavoring to effectuate
the intent OF the people. speaking through
Congress, in preventing the things which
the people have come to believe to be in
consistent with the welfare Of the re-
public: but the methods which were nee
essary to awaken the business commu-
nifty to a recognition OF the existence
and vitality Of these laws are no longer
essential.
1T may bet probably is-true that In
the movement to impress upon the whole
business world the meaning and force Of
certain laws, and the necessity of at
suits were instituted and some prosecu-
tiOns commenced without sufficient con-
sideration and without adequate cause.
When such conditions are found to
exist the present administration will not
hesitate to withdraw the suits or dismiss
the prosecutions. Such action must not,
however. be taken as any indication of
an intention by this administration to
orous. impartial enforcement Of the law
or to undo in any degree the splendid
work of the last administration.
Price Of Peace Is Obedience.
I'VE have heard frequently of late from
representatives of certain business inter-
ests of the country cries of Let us have
peace and Let US alone The price OF
peace Is obedience to law: those who hon
estly try to keep the law need not fear
prosecution.
Il am perfectly well aware that there
Is an uncertainty as to the precise scope
and meaning OF that law which most
closely touches all business activities Of
the country, namely. the Sherman anti
trust law, and I should be the last to au-
thorize the institution OF criminal pro-
ceeding against men who. without intent
to violate the law, have, nevertheless.
acted In technical contravention of an ex-
treme and most drastic construction of
that enactment.
But certain of the principles underlying
that law are assuredly now understood.
and any attempt at this time. with the
present construction of that law agreed
upon by all the higher courts. to combine,
in the form of a trust or otherwise. with
the obvious intention of restraining COM
merce among the states or of creating a
monopoly of an important part of that
commerce, would evidence such deliberate
intention to break the law as to justify
and compel the government to use all or
any of the remedies given by law de-
quate to prevent the accomplishment of
such purpose and to punish the attempt
''It is to be hoped that the Supreme
Court will at an early day authoritatively
define the full scope and effect OF the
antitrust law. and that. If a construc-
tion should be given to 1t by that court
as far-reaching as some OF the judges Of
the court of appeals In this circuit gave
in the tobacco case. Congress may so
amend the act as to except from its pro-
visions the ordinary agreements which are
the necessary result of healthy business
conditions. while still effectively prohibit
ing the creation of those far-reaching
which are believed to be in
with the wholesome growth
and progress of the republic. This matter
is under consideration by the present ad-
with view to submitting to
the next Congress proposed amendments
to the law"