The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-12-13
Department of Justice Off
Gals Pleased With DeciS-
ion in KiSSei Case.
ACTS DONE ANY TIME
PART OF CONSPIRACY
Gives Opportunity TO Deal Crush
ing Blow 10 Beef Trust
and Others.

Department OF Justice officials are
highly pleased over the decision of the
Supreme Court in the case OF the United
States vs.. Kissel.
They believe that in deciding this the
Supreme Court has given them the
weapon they need 10 strike a crushing
blow at the Beef trust and the men
who have been chiefly concerned in its
operations
The effect Of the decision in the KisseI
case makes IL impossible for parties who
are engaged in acts in pursuance Of n
conspiracy in violation Of the Sherman
antitrust law TO plead the statute Of
limitations. in the fashion in which
various violators Of the Sherman law
have pleaded II The court holds that
the statute OF limitations does not be
gin TO run from the time when the
conspiracy was formed Overt acts
done IN pursuance o. the conspiracy
amount TO a part Of the conspiracy
Hide Behind the Law
In this case, Gustav E KisseI and
Thomas B. Harmed. two Of the alleged
conspirators in connection with the
closing OF the Pennsylvania Sugar Re
anery by the Sugar trust, sought to be
protected from the operations OF the
law, on the ground that the conspiracy
had been entered into over three years
before the time the Government pro
overt acts had been committed under
the conspiracy within the time OF three
years The Supreme Court IN eject
holds that q conspiracy IS not an act
but status and that II must be con
sfdered continuing 50 long as overt acts
are committed in pursuance OF T.
point out that exactly the same cues
ton comes up in the Beef trust case
In connection with the indictments
against the millionaire packers, the
EFFORT is being made 20 show that no
CONSPIRACY was formed so Tar back
that it cannot be reached by reason
Of the statute Of limitations
Important In Other Cases.
But II is said the Government VIII
have no trouble showing that acts
growing out of the conspiracy have
been committed less than three years
ego.
not only IS this important with re-
spect TO the Beef trust case, but IN
numerous other antitrust proceed
fnZs- Of course. the findings OF the
Supreme Court are important IN their
bearings on other Sugar trust cases
Indictments similar to those against
KisseI were secured against most OF
the directors OF the sugar trust -
Albert h walker OF New YORK an
eminent lawyer, who has made a pro
found study Of the Sherman law, and
Wiz Ees lately published q book upon
i is II Washington. and IL comment
ing on the decision in the k1ssel case
said II would be far-reaChInS-
Would Not Change Law
The sherman law VViI1 never be
amended unless TO strengthen it, said
he Tt was passed IN Congress with
but one dissenting vote IN the Senate
and not q single dissent in the House
It represents the mature judgment Of
Congress Il might be amended, per
hsps to remove possibility Of the i'm
rnunity bath But it IS question
whether even that IS necessary
Mr. Walker says the law is Well-niSu
a perfect one, and all that Is needed for
It's thorough enforcement Is for Con
gress to give the Department OF JUS
fice the money II needs The depart
ment has but $4,000 TO enforce that
law and the Interstate commerce law
Considering the millions spent by the
corporations in defending themselves
against II. Ar Walker says this IS
wholly Inadequate.