The Birmingham age-herald., 1911-11-18
TOBACCO DECREE IS . BITTERLY ATTACKED MT. Wickersham Is Tartly
 Criticised HARMON MENTIONED
Officials of Department of Justi~ Criticised for Not Enforcing tb4S~ Criminal Provision of She
 man Anti -TrustzlsassF o s''sss's1

Washington, NoFeinps Q a$ A sehei a. attack upon the deco sS' the circuit court of New York he dissolution of the American Tobs 70 company and specific comparison of the activities of Attorney General Wickersham and former Attorney General Judson Har- mon in enforcing the Sherman anti trust law against great combinations, enlivened today's hearings of the Sem ate committee on interstate commerce, which is investigating the trust prob lem with view to new legislation.
 Senator Pomerene of Ohio in vigor- ous questions directed toward H. B. Martin, a witness before the commit tee, asked if he knew of "any justifi- cation for the head of department of the government to take the position that he will not enforce the criminal provisions of the Sherman antitrust law"
 the department of justice to enforce the criminal provisions of the law" said Senator Pomerene
 TDo you know of any authority which justifies an Attorney Generals position that he may enforce the statute in the civil courts, but decline to enforce its criminal provisions?' he asked. T re- gard the failure of the department to enforce these provisions as most repre- hensible."
 Senator Oliver added to the attack on the Attorney General. He wanted to know what the witness thought of the comparative reprehensibility 'of an Attorney General who actively and suc- cessfully enforces law like this and proceeds at least toward successful civil prosecutions, as compared with one of his predecessors, who. did not, and who practically declared the law a dead letter."
 Il refer to former Attorney General Judson Harmon of Ohio," said Senator Oliver, looking across the table to Sen ator Pomerene.
 Senator Pomerene declared 1t was not Mir. Harmon, but his predecessor Rich ard Qlney, who had said in substance that the law was dead letter. MT Harmon, he said, took up and pushed to a decision in the supreme court the Trans Mississippi- Missouri rate cases, and made every effort to revivify the sherman law.
 The dissolution decree in the American Tobacco case, dividing the trust into four organizations, was characterized several times during the hearing as construc- tion of the sherman law that failed to restore competition or meet the spirit of desired trust control.
 Senator Cummins said he did not believe there could be actual competition enforced under the present sherman law.
 The effect of a law prohibiting direc- tors of steel and coal companies from sit ting in the directorates of railroad com panies was briefly discussed during the hearing.
 Senator Townsend of Michigan declared he favored such an act, but he believed the one offered to the committee would permit of the same end being accom- plished through dummy directors.
 Changes in the Sherman antitrust law to prohibit such reorganization as tnat sanctioned in the American Tobacco case and to prevent delays Tn prosecution, as have occurred in the beef trust hearing, were declared necessary by Senator Cum mins today at the hearings before the interstate commerce commission of the Senate
 questioning H. B. Martin of the Anti Trust league, Senator Cummins referred to the decree in the Tobacco case, order ing reorganization of folu companies and called attention to the announced pur- pose of the department of justice not to interfere with the reorganization.
 'I do not believe the reorganization of four companies will restore competition, but in the minds of authorities it is ap- parently in harmony with the anti-trust law" said Senasfr Cummins. In my opin- ion the antitrust law will not maintain competition, and it ought to be amended and strengthened"
 MT. Martin said the Antitrust league, of which he is secretary, proposed to fight the dissolution decree in the American Tobacco companys case on the ground that 1t does. not apply to the anti-trust law. He declared that succeeding officials of the government in the last 21 years had failed to enforce the law properly.