Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-06-16
PROSECUTION is DEMANDED
Pomerene Asks Criminal Prosecution
of Tobacco Trust and Standard Oil.
ATTORNEY GENERAL MUST ACT
Wants to Know II COuntry's Emblem
ia the Stars and stripes or the
OIL barrel and the To-
baee0 Tag.

WASHINGTON, June 15-Criminal pros
ecution of the officers of the Standard oil
company and the American Tobacco com
pany was demanded today by Senator
Primrose, who addressed the senate on his
resolution calling on the attorney general
TO undertake such legal action.
The Ohio senator declared at the outset
that the Sherman antitrust law was spe-
cific in Its authority to press such a suit
against conspirators who restrain trade.
He contended that the lawyers doubts
OF the meaning OF the statute were I'm
proportion to the size OF the fees they re-
ceive from their clients" and the interpreta-
ton of the law by the supreme court of the
United States was clear ~ ~
Now with these plain findings of fact
and conclusions by the supreme court that
the constitution has been violated" he
said, what reason can be given by any
sworn court official for not continuing
his fight against them in order to bring
them TO the bar OF Justice; What excuse
can any lawmaker or any executive official
give TO the people OF this country for
failure to enforce this law when they are
everyday eNerting themselves to punish in
fractions of the law against other trans
gressors with less money and less in
AlenCG at tHtlT n ueCenl sense
OF self-respect requires the government
either to enforce this law or to repeal it."
Court Ruling Must BE Followed.
Declaring that II criminal prosecutions
had been undertaken wnen the law was
first enforced. there would have been no
such concentration OF power as exempli-
fled by either OF the two corporations
under discussion. 30.
Mr.. Pomerene said that the ruling OF the
supreme court must be followed up quickly
in the most vigorous fashion "or the fruits
(of these victories would be lost to the gov
ernmcnt and to the people"
Speaking for myself" he said, II think
IT is high time that the American people
should understand whether the Stars and
Stripes are to be the emblem OF their
power and authority. or whether that
emblem shall be the oil barrel or the to-
= bacco tag"
The senator summarized the opinions of
the supreme court in both cases and con.
tended that they disclosed the fact that both
corporations and their officials had been
violating the law since its passage in 1890.
He declared there was precedence for his
resolution OF instruction to the attorney
general, inasmL CHI as the latter had failed
to undertake the criminal litigation, al
though it is provided for in the antitrust
law.
Creature Of the Law.
The attorney general is but a creatur,
OF the law" he said His office was ere
ated by congress. He is clothed with sucl
powers and required TO perform such dutie
as congress sees fit to demand of him. 1
can add to or Il can take away from thos,
powers whenever In its Judgment 1t Il
deemed proper. n
ut Is not proposed this resolution shall
have the same force and effect as a stat
ute, but it is proposed TO declare to the De
partment OF Justice in no uncertain wa!
that the congress which made him AM
clothed him with power is cognizant OF tn
fact that the law has been violated. tina
the court has 50 declared. that for twenty
one years no respect has been paid by an
Of those defendants TO the provisions o
the law and that, IN the judgment of con
gress, he ought to begin these criminal pro
eeedings and prosecute. and the resolution
instructs him 50 to do in order that tn
majesty Of the law may be preserved"
Senator Pomerene closed with an appes
TO the senate for support for the resolu
lion. 81