The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-05-19
THE SAVANNAH
NAVAL STORES CASE.
Savannah Press.

Savannah Press.

In the naval stores case it is but
simple Justice j.. to the gentlemen in
volved to say that the verdict and the
sentence of the court have caused
very great and very general surprise
The consensus OF opinion among the
prominent lawyers of Savannah, who
have watched the case with a natural
professional interest, Notwithstanding
the fact that they were not connected
with il, was that the government had
broken down in its case, and had
failed. Perhaps no case has ever been
tried in Savannah in which the result
caused such surprise and disappoint-
ment In view of the insufficiency OF
the evidence, it was naturally expect
ed that the sentences would be mild.
II is also just to the de9ends1ts
to say that the three charges in the
Indictment which were calculated to
do them harm in a business way
were not sustained by any evidence
at all, so much so that the attorneys
for the prosecution admitted that
there was no evidence, and the presid-
siding judge instructed the jury &C
cordingly- Those charges were that
the defendants issued and used fraud
ulent warehouse receipts, published in
trade journals false statements and
obNCulptCd " BEEDe tIS SIHDiONRS VI
competitors in business. When such
charges are put in an indictment
against business men and are circu-
Hated all over the business world
grave injustice and wrong are done,
and it was hoped by the friends OF
| the defendants that considerations of
this character would have some
weight. 1t is gratifying to the gentle
me nand their families to know that
/ they still hold the confidence of banks
and customers. Since their convic-
ton they have received a large num-
Der of letters from banks and others
expressing their continued and IN
abated confidence in them, and, while
| the result NAV. temporarily. CRAFTY
/ their Jacksonville enemies, il will not
! do the defendants the slightest hurt
| in the community where they live.
/ and In the business world with which
| they deal. Considering the eXhaus-
| tive means used by the government
/ To secure evidence and the large num-
Der OF customers, the fewness of the
complaints from customers was most
unusual and extraordinary. and was
strong evidence in favor Of their gen
eral course of dealing.
The result of this trial emphasized
the Importance of some amendment
to this vague law, known as the Sher-
man antitrust act, particularly its
| penal provisions II has been vigo-
| rously denounced as highly i'm
moral act by President Roosevelt
and others, and in his inaugural ad-
| dress President Taft las called at
| tentiOn 10 the necessity for its amend
ment and the giving Of the business
| world the certainty which is so re-
| quisite of business success. In one
of his opinions. published in a recent
| issue of The Press, Judge Sheppard
called attention to the sact that the
! law was uncertain, distTessingIy IN
certain" and that its meaning pre-
scented "a problem IL is most unfor-
/ tUnate tdat business men should be
subjected to the peril of such law.
/ and to the uncertain notions of a
1 trial jury. 1t is we'll that the case
will be reviewed by a court of APP
! peals. Ii seems that there is not A
single expression from any court of
appeals as to the meaning of the
| penal provisions of this law, and it is
ascertained that il may be used by
business rivals fer the purpose of do
/ ing harm to competitors. notwith-
standing taeir purpose TO observe the
/ law, the sooner this fact is known the
! better. because the necessity of the
amendment will be made clear.