The Birmingham age-herald., 1909-10-28
Judge HoIFs Opinion Is Far
 Reaching in Effect
STATUTE OF LIMITATION
Sugar Trust Is Held To Be Immune from Prosecution on Charge of Restraint of Trade-Opinion
 of the Attorney General.

Washington, October 27-The governs ment will immediately institute an ap- peal from the decision yesterday of Judge Holt in New York, which in effect barred sugar trust prosecutions under the statute of limitations Attorney General Wick ersham announced the governments in- tention today to appeal. saving that Judge Holt's action was of far-reachng consequence.
 The Attorney General pointed out that the decisions in the different judicial dis tricts of the United States with respect to the application of the statute of lim- itations were at variance and that it was impossible to harmonize them
 Judge Holt concurred with those cases which held that the statute of limta- tions began to run out after the first overt act in pursuit of the conspiracy
 In the sherman antitrust law. accord ing to the courts. the word conspiracy has the same meaning as the word con tract, and therefore, Judge Holt applied to conspiracy in restraint of trade the same law of limitation which is appli- cable to contract in restraint of trade That is. as the Attorney General ex- pressed il, the court held that the offense was complete and the statute of Iimita- tions began to run the moment the con tract was signed or the moment the con- splrators were agreed in their design.
 'rhe department of justice, on the other hand" said the Attorney General
 has always entertained the view that Congress employed the different words a dIv hat trade is not the same thing as a con- spiracy in restraint Of trade Where the law enacts that every persoaa. who en- gagged in conspiracy to restrain trade I is guilty Of misdemeanor it means 1 that so long as the conspirators are con | tinuing in course of conduct which restraints interstate trade or commerce. they are violating the act Where the restraint of trade may he terminated by their voluntary act. and not otherwise the statute of limitations does not begin to run in their favor until they perform the act which terminates the restraint and allows the current of trade which they had interrupted to resume It's course. Judge Holt's strictures against the in- creasing tendency of public prosecutors
 
 been committed is not understood as applicable to this prosecution, in view of the fact that the only crime of which the defendants in this case could be ac- cused was that created by the antitrust act namely, of engaging in a conspiracy in restraint of trade or commerce among the several states"
 The governments appeal to the su- preme court of the United States will be under the act of March 2, 1907 This authorized such appeal where judgment has been entered against the government on special plea in bar as Judge Holt's decision. according to the Attorney Gen eral, ''is contrary to the views expressed by other judges of the circuit, as well as from those entertained by the de- partment of justice.
 John E. Parsons, counsel for the Amer ican Sugar Refining company. was quoted here tonight saying that he and his fellow directors who were indicted in the Pennsylvania Sugar company conspiracy cases will not take advantage of the statute of limitations, as construed yes- terday by Judge Holt Mir Parsons Q said to have put the decision reached by himself and his associates as follows
 Tt would not show good sporting blood for us to take shelter behind this tech nicality. We'll fight the thing out"