The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-07
TO aid TRUST PROSECUTIONS
WHITMAN TAXES IMMUNITY
BIIL To ALBANY.
" 0uld Guarantee Freedsm from Puaaah-
ment 60 These EnGaGed On CSnaplraey
Agreements IN Trade fsr TeattfJ lng
m Prosecution sG These Cases.

! m Prosecution 90 These Cases-
ALBANY. April s-District Attorney
Whitman % New York was In Albany
to-day. He brought up two bills
which seek to give Co officers Of a cor
/ Poration who testify in actions brought
against the corporation under the Don
nelly antitrust law the same immunity
/ from punishment IA ~ accorded those
who testify in cases under the Jerome
gambling immunity Law
7 senator Davis agreed tn introduce the
bills in the Senate. District Attorney Whit
man expects the Passage ~ such law
would help him in securing evidence in
prosecutions Of the milk trust and other
trusts
The Grand Jury Of New York county
said Mr. Whitman. has filed indictments
against cert ain individuals. charging
violations Of section SD 20 the Penal
Law. which prohibits conspiracies to do
acts injurious TO trade and commerce.
and of Article - % Chapter 20 % the gen
eral business law. which prohibits monop-
olIss and restraints q trade. These in
diCtments arr ha-sd for most part.
upon the testimony of perSons who partici-
pa'ed in the commission of the conspira-
Ci,- Cotnplained Il or were parties to the
cors'Immatinn thereof
The complaints and charges referred
tn cannot be established ordinarily.
either before a Grand Jury investigating
the complaints or at the trial Of the
'ta-g.~. except by the testimony of per-
suns VII" have participated IN the con-
.ptraC.,-- alleged. have been parties to the
prohibited agreements and combinations
ur have done acts in consummation
thereof
The purpose 70 these hills il 60 require
any I-.rSun whose testimony may he
necessary 80 prove violations u the
statutes referred To Co give such tessi-
munv, and further. to grant 10 such per-
Sun that certain and complete immunity
from prosecution for any matter concern
ing which he may testify. which the
I institutions of the state and United
States require.
The antitrust act has been held 90
prohibit only monopolies and restraints
uf 'rate in tangible articles 81 trade and
'.,Tnm'-rCe in common use and such a. are
cauahls q manufacture. production and
SAFE
section Sso % the Penal Law AZ the
Conspiracy section has been held 90 pro-
hibi' ,'Onrpiracies 90 do many acts TO
inter into agreements and combinations
injurious 90 trade and commerce that are
not prohibited by the antitrust Law.
a. Tor example conspiracy To- create
npuupnly at the business Il Transporting
freight upon canals. conspiracy 10 re-
strain competition In the business II ele-
yating gram az railroad terminals: 20
MUIR a person business by preventing.
Nv means 20 threats and intimidations.
l''-7~uu- frum entering into his employ
m-r' ant 20 compel persons 10y threats
and IuflmIdations 90 JON a strike
statutes 81 the several States. cuntain- !
iUg prphihi' ions similar 20 tho@e OF sec |
ton $50 Il oar Penal Law have been held /
to prohibIt combinations 20 create re- 4
-trAint. conspiracy or restrain cnmpeti- |
ton m the business ~ fire insurance
through the Insfrlrnentality q eN-
chan gs-- or rate committees
IN" Enactment e the amendment To-
'he PROPOSED conspiracy law Will thus
enable District Attorneys 60 discover and
Prosecute Tersons for dong many ats
in furious 20 trade and commercs which
are now covered 10y the antitrust act
and TO which the Immunity provision
Il the antitrust act dos not relate
Another bill desired 10y District Attor-
ney Whitman and introduced 10y senator Il
hrouKh p.ovidss that where a person
charged with a miHdemeAnoP has been
brought before a police Magistrate and
the District Attorney may
have him rearrpsted and brought 30
Ion. a special sessions Judge on the same
charge senator Brnugh sad that u
Nuuld AFFECT mostly ~NCi.e law vioatOrs
Who are nov favored by some polic~
Ma gistrat-- The Tammany Senators
,ppus.-d the hill. insisting that man
IA aid not he placed IN jeopardy twice
IN having the ball committed for hearing
laWf Tuesday