The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-09

In discussing the first message Of
Presiden, TAT, 70 the congress on the
regulations q the ,rusts the Times
pointed CT, the, the greatest oo;ec-
don 20 the Sherman antitrust law
was the slow processes which were
necessary 20 reach a decree Of dis
solution under the equity provisions
Of the law o. 20 reach a verdict, and
sentences il guilty, under the criminal
provisions. This tedious delay was
well illustrated in 8 news item, con-
ce-.ias the trial ot the Chicago
packers which was started las, We'd
nes6ay. !, says:
After eight years devious a
81 IL :ha ways Of grand !u-:es.
ard special pleas. the cases OF
=. Chicago rnea, packers. IN
6icted for alleged violation Of the
criminal provisions OF the Shs--
man an,i-,rus, law reached trial
today.
Eigh. years are entirely TOO .ocs
to waste IN reaching and Furnishing
a criminal if guilty. and equally 100
The public is hardly satisfied with a
proceeding SO long drawn out. and
the dererren, influence Of a sentence
IS lost on the other viola,ors Of the
law.
The trouble lies not in the Law itselt
SO much IS in the procedure OF the
courts. and these can hardly change
such procedure without throwing
down nearly every guarantee OF lib
er,y that we have been FIVE hundred
years in building around our trans
planted English criminal iurispru-
dence. unless these courts shall fol-
low one course with one individual
accused OF crime and a different
course with another. Every log!ce!
mind reyolrs at this suggestion for II
would make Of the courts a machine
vacillating from n position 70 the
other, and just!fying the conclusion
OF favor:,ism by its course.
What we pointed out IN this par
ticular in the editorial on the pres.-
dents message was that some short.
sharp and decisive method was need
ed - reach the ends now sought
through the fundamentally Of the
courts We said that an executive
rather than a judicial method would
va. -eSN LIZ -
end in c reasonable time. This is,
We believe. the roa which must ul-
timately he followed in this matter.
We do not want TO be understood
as advocating the determination Of
criminal violations of the Law nor
their punishment, by his process.
Such q course would be repugnant TO
u system Of government and alb.
horrent to our ideas % civilization
and our conception Of Justice. But
II the method Of trust regulation were
preventative rather curative there
could ne no serious criminal viola
tioas Of the Law. In a word. II We
could &c, &, the violation Of the anti
trus. law SO soon as j, had bean CON-
rai,ted ard prevent the continuanc.
by the an speedy system. there
would be practically no violation. In
this particular i, should no, be for
gotten ,hat there is a difference in
the spirit Of the violation ot the anti
trust law and the general c-inina!
law n ,ha, the combination IN re-
t-aiat Of trade is not illegal until i.
Is in action. No combination under
the p-esea: Law IS Illegal unless i
is tc- the purpose % doing some u
the things which the law prohibits.
Nov if This purpose car be "nipped
il thc hud' W. will have accomplish
ed wha; she. law desires.
Eight FEARS IS 90 long for an: case
to reach g final determination when
2 public injury is soueh. 20 BE- rer..e-
died. IRE Law needs amending SO
as 70 gei ths san:= results il much
less -i.re-