New-York tribune., 1909-05-01
laws TO BE ENFORCED
cTS MR. WICKERSHAM.
Decent administration Not to
rsboudon Work Of Mr. RoOSsTeIt'S.

r1bandOn " ORR OF hr. hOOSeCeII S.
= almost without exception, every justice
+he srDrenle Court. every justice OF the
.1ste Division every judge of the United
-aH-,s circuit Court sitting in or near New York
= rracticaIy every personality Of prominence
= .bs legal profession. Attorney General Wicker
7ss7 night 81 4 dinner at Sherry's, out
- his rrograrnme concerning the administra-
.,ar - his office in general and the Sherman anti
.,-,,s+ law in particular
Zr5l,ar1 Nelson Cromwell Senator Chauncey NJ
-,.ney. ex-Judge l.. Cady HerTiCk. William B.
zy,-rhloy-er Martin ". Littleton John G. Mil
80, Victor Morawetz. ex-Judge Alton b Parker
E7-.ncis Lynde Stetson John B. Stanchfeld. Ed
.-5 II shepard. Henry ". Taft, General Ben
,sr,n F Tracy. Samuel Cntermyer and a score
- o-bers Joined in the tribute paid to the new
Attorney GeneFal pF Ile helilpeis ol Tie par IN
tbs city.
Among those VINO praised the guest Of the
evening we're Joseph H Choate. Judge Gray, of
delaware. Presiding Justice Patterson Of the Ap-
Dellate Division: Judge Ward. OF the United States
Circuit Court. and Delaney Niccll-
Nj Choate traced the career of Mr.. Wickersham
from the time Of his first meeting him clerk
n the Office Of Strong & CadwaIader TO the pres
ent saying.
Nj NickersaaEn has reached his present proud
station because ne possesses. as perhaps no other
man in tie legal profession 50 thoroughly pos
seSses those fundamental virtues and qualifications
Eeiebts He has courage. character ana unbounded
loyalty 10 his profession his profession VIII re-
n will be his great privilege TO he the restorer
Of the Constitution Of the United States. to prove
not of men + 7ill be his duty see that no of
fence IS HiE enough and no corporation criminal
s2Ga5I s5ss57-I5. TO '-7'''' '' "
M Wicke-sham recited the wording Of his order
os appointment by President Taft. i'll which the
Executive said that. ''-eposing special confidence
fr,ra of NTr
HIckershan. Le had appointed him his Attorney
General This estimation Of himself. Mr- Wick
ersham said. ne hoped TO prove had not been
wrong Passing on 10 consideration Of the laws
which il would he his duty TO see enforced, Mr..
Nickersham said.
There vas q prevailing impression that many Of
the laws dealing with economic subjects had been
passed 10 be pointed 10 with pride rather than TO
TIE lasI administration set TO work with vigOr.
with energy. which was accompanied at times with
,e1srspeT cla-7or, 10 enforce these laws Business
men who eight years ago had not read the Sher-
man antitrust law to-day know II by heart: and
railroad men and shippers alike have intimate
personal acquaintance with the interstate commerce
The work Of The present administration is none
Continuing 70 enforce the laws of the country and
in endeavorrg eectuate The intent OF the people,
things which The people have come to believe TO be
inconsistent with the welfare Of the Republic. but
the methods which were necessary 10 awaken the
business community 10 recognition Of the eX-
ienoe and vitality Of these laws are no longer IS.
It may be-it probably is-,rue that in the move:
ment 10 impress upon the whole business world
The meaning and force Of certain la and the
necessity of attention and obedia1ce 10 them some
suits were instituted ana some prosecutors besll
without sufficient consideration and without ade-
When such conditions are found to exist the
present administration viii not hesitate 10 with
draw the suits dismiss the prosecutions Such
action must not. however, be taken as any indica-
zion of intention by this administration 10 aban
don in the slightest degree the vigorous, impartial
enforcement of the law, or 70 undo In any degree
tns pendid work of the last administration
We have heard frequently Of late from repre-
sentaves Of certain business interests of the cou
Try cries Of Let have peace and Let US
alone. The price Of peace Is obedience 10 law
Those Who honestly try 70 keep the law need not
am perfectly well aware that there Is un-
certainty as 10 the precise scope and meaning or
activities of the country namely the Sherman anti
trust law. and i should he the last TO authorize
the institution Of criminal proceeding against
men who. without intent 10 violate the law, have
nevertheless acted in technical contravention OF
extreme and most drastic construction OF that en-
sctrnent.
But certain Of the principles underlying that law
are assureCiy understood and any attempt at
his time with the present construction OF that la"
sgTeed upon by all the higher courts. 70 combine
IN the form Of trust otherwise. with the OBJ
Tlous intention Of restraining commerce among
me states OF Of creating 4 monop"ly OF an I'M I'M
portanr part o. that commerce. would evidence
such deliberate intention 70 break the law as 70
justify and compel the Eovernment 70 use an or
any OF the remedies given by law adequate 70 pre-
vent the accomplishment Of such purpose ana 10
|, is to be hoped that The Supreme Court will at
sn early cay aUthoTifatiVelv define the tdll sGope
and effect Of the antitrust law. and that II a
construction should he given 10 II by that CoII
ss farreaching as some Of the Judges 81 II
Court Of Appeals in this circuit gave e IN - tns ss 70
ne7ts which az he necessary result Of healthy
business conditions while still effectively prohibit
ing the creation Of those farrsacflnE Iloupp'.l
zbIci, are believed n be Incompatible with the
vboleeor7e growth snd urogresz Of the Republic
sdr1irist~s-ion p-i+h view 10 submitting to the
T7cyr I'd amen ar71n