Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-06-16
URGES IMMEDIATE
PROSECUTION Of
TOBACCO TRUST
SENATOR P0MERENE
DEPRECATES DELAY
Demands That Attorney Gen.
eraI Act at Once In Accord
ance With Recent Decision of
United States Supreme Court
lBy Morning journal Special LeassA wirei

lBy Morning journal Special Leasas wirel
Washington. June 15-Senator
pomerene, in speech today called
upon the attorney general to under
take criminal prosecution of the Of
ficers of the standard oil and Ameri-
can Tobacco company under the re-
cent decision OF the United States
supreme court In the cases of the two
corporations.
He did not ask for action on his
resolution instructing the attorney
general to begin the suits. giving way
to Senator Nelson, who desired 20
speak on Canadian reciprocity but he
will press for Il vote In the immediate
future.
The Ohio senator declared at the
outset that the sherman antitrust
law was specific in its authority to
press such against conspirators who
restrain trade. He contended that
the lawyers doubts of the mean
ing of the statute We're in proper
ton 20 the size Of the fees they receive
from their clients" and that the in
depreciation of the law by the SUI
preme court of the United States was
clear.
Now, with these plain findings of
fact and conclusions by the court that
this statute has been violated" he
said what reasons can be given by
any sworn court official for not con-
tinuing his fight against them In ord
er to bring them to the bar of JUS
tice2 What excuse can any law maker
or any executive official give to the
people Of this country for failure to
enforce this law, when they are
every day exerting themselves to pun
ish infractions of the law against 9TH
er transgressors with less money and
less influence at their command. A
decent sense of self-respect requires
the government either to inforce this
law or to rpeal it,"
Declaring that If criminal prosecu-
tons had been undertaken when the
law was first enforced there would
have been no such concentration of
power as exempliiled By either of the
two corporations under discussion, Mr.
Pomerene said that the ruling of the
supreme court must be followed up
quickly in the most vigorous fashion
"or tho fruits of those victories will be
lost to the government and to the
people"
Il think IL is high time that the
American people should understand
the stars and stripes are TO
be the emblem Of their power and
or whether that emblem
shall be the oil barrel or the tobacco
tag.
The senator summarized the opin-
Ions of the supreme court in both de-
cisions and contended that they dis
closed that both corporations and
their officials had been violating the
law since its passage In 1890. He de-
clared that there was precedent for
his resolution OF instructiong the at
torney general, inasmuch as the lat
ter had failed 10 undertake the Grim
nal litigation although il is provided
for in the antitrust law.
The attorney general is but a ere
1ture of the law" he said. His Of
Ace was created by congress- He Is
clothed with such powers and requir-
I'd To perform such duties as congress
sees fit to demand of him. 1t can add
to or IL can take away from those
powers whenever In It's Judgment IL
$ deemed proper.
1T Is not proposed that resolution
shall have the same force and ef
'ect as statute, but ii is proposed to
ieclare to the department of Justice
n no uncertain way that the con-
gress which made him and clothed
him with power is cognizant Of the
fact that the law has been violated
hat the court has so declared, that
'or tWenty-one years no respect has
been paid by any Of those defendants
% the provisions Of the law, and that
n the judgment Of congress, he ought
% begin these criminal prosecutions
md prosecute and the resolution IN
ltructs him to do so In order that the
majesty of the law may be preserv-
ID
Senator Pomorene closed with an
appeal to the senate for support for
he resolution.
Taking up the cudgel In behalf of At
orney General Wickersham, whom
Mr. Pomerene had criticised, Senator
Kenyon declared that the present
read OF the department Of Justice had
Iehleved more results in his presecu-
ion OF trusts than any Of his prede- |
essors. He said Mr., WiclIersham did |
lot require Instructions from con-
,ress to do his duty.
Senator Nelson created a diversion |
When. in applauding Mr. Wicker |
hams work, he declared that the |
resent governor Of ohio, Jndson Har- /
non, when attorney general in Presi- /
lent Cleveland's cabinet had said the |
'herman antitrust law was dead |
etter. Both Senators Pomerene and
Hitchcock were Immediately on their |