The Washington herald., 1909-10-28
GOVERNMENT TO APPEAL
IN SUGAR TRUST CASES

The Federal authorities viii take an ap
peal at once to the United States Supreme
Court from the decision OF Judge Holt
sustaining a plea Of the statute OF limita-
tons IN the sugar trust cases. Attorney
General Wickersham yesterday author
lied the following:
With respoct % the decision Of judge Holt IN tho
United States Circuit Court in New York sustain
ing the plea q tho statute % limitations inerposed
by the defendants kissel and Harmed 70 the iudict
mcut against them Jointly with the American sugar
Refiuing Company and its directors, the Attorney
General said that Judge Holt points out that the
decisions in the different judicial districts q the
United states with respect 70 the application q Tie
statute q limitations 20 the ofenso % conspiracy
were At varauce and that = was impossible 70 har-
monizo them.
Judge Holt expresses his Concurrence With thOso
cass which hold that the statute % limitations Be-
gins 70 after the FIT overt act and il not stop
ped b. subsequent overt acts IN pursuance q the
same conspiracy. Judge Holt further crr-ess-s his
oTinion that IN tho sherman act which provides
that
"Erery contract. combination In the form Of trust
or otherwise. OF conspiracy IN restraint Of trade
among tie several States with foreign nations is
hereby declared 20 De Illegal Every person who
shall make any such contract on engage in any such
combination OF conspiracy shah 30 deemed guilty OF
a misiemeanor."
The word "conspiracy'' has the sans meaning as
the word contract" and. therefore he applied %
conspiracy IN restraint Of tEade the same law Of
limitation which Is applicable 20 contract In re
strsint Of trade; that IS that the oeuse Is complete
ard The statute Of limitations begins 20 rIn the mo-
meut the coutT1cs IS signed OF the moment the con
sprators are agreed in the'r design.
The Department Of Justice. on the Other hand has
always entertained the view that Congress employod
tho diereat words advisedly; that a contract IN 70
st1irt Of trade Is not the thing as conspiracy
IN restraint q trade and that where The Law enA-ts
that every person who engaged 81 conspiracy 70 re
strain uade Is guilty 81 a misdemeanor. II means
that 50 long as the conspirntOrs Continuing IN
course q conduct which rJsraus interstate trade OF
commerce. they violating the act and that where
the restraint % trade may DO terminated By their
voluntary act, and not otherwise the statute Of rni
tations does not begin 60 rgn In their favor Until
and allows the current Of trade which they had In
terrupted. % resume Its course.
Judge Holts structures against the increasing ten
dsncy % public prosecutors % indct for conspiracy
when crimes have been committed Is not understood
as applicable % this prosecution in view Of tho fact
that the only crime Of which the defendants IN this
case could be accused that created by the anti
trust act, namely, Of engaging IN conspiracy In re-
straiut Of trade or cOmnerce among the several
States
The government VIII az oncs prosecute an appeal
from this decision 70 the supreme Court Of the
United States under che act of March 2 1907 which
authorizes such appeal where Judgment has been rem
dered against the government on special plea IL
bar, IS Judge Hots decision Is % far--eachinS con
sequence and Is cOntr1ry 70 the views e1rressed be
other judges at cirCIIi wen from those enter
ta1ned By the Department OF Justice.