Bisbee daily review., 1911-12-02
TROUBLE LIES WITH COURTS
 SAY OFFICIALS
Department Has Beer Tryinq to Have Men Jailed for Violating Anti-trlSt
 Law
CONGRESS MAY TAKE
 DISCRETION FROM JUDGES
Other Means Proposed to Ir- Spire Offenders With Mere Profound Respect for
 the Law
(By Victor Elliott)

WASHINGTON, November 30--The recent action Of certain federal judg- es in allowing defendants who have been convicted Of crimes under the sherman nntirust law to escape the fun penalty Of their offenses by imposing fines. will come in for congressional probe at the coming session of congress.
 A concerted cffort has been made by the department Of justice 10 have these offenders jailed, but somehow or other. the various judges who rartic. pate in the cases have imposed only fines and the cases were then dropped. Attorney General Wicker. sham repeatedly has tried to have the courts carry out the intention of the administration in haying jail sen lenses imposed. but has not been successful except in one case. II is now on appeal to the United States supreme court and until a decision in the case is given. it will not be known whether those who have vio lated the law will be sent to jail.
 Congress to Act
 The fault. it IS pointed out by off eials of the department Of justice rests with the construction of the law itself. Discretion of imposing fines or sentences to jail is vested in the courts. To remedy the law. congress wih make specilc the pro. Yislon to impose jail sentences.
 In speaking Of The endeayor to have congress incoI EF-ate that specific clause in the Sherman law. Assistant Attorney General Denison of the de partment of justice. states that it is necess; ry to invoke jail sentences on yiolaters Of the law 1T the statute is to be rigidly enforced.
 What does it profit" he asked. to fine an official of a trust company 5000 or si0,O00, or $50.O00? Abso- lately nothing. The fine means nOth- ing. it's paid out of the surplus of the company and the matter ends The resl onsibility for the violation Of the law rests with the trusts heads; why shouldn't they be jailed, just the same as the courts send a poor Eegro 10 jail if he steals a few dollars But in this matter the courts have discretion and it seems that they nave preferred to fine the yiolaters rather than impose jail sentences. But when congress investigates the matter this winter and takes up var ious bills that will be introduced, l am sure that an amendment will be made 10 the sherman law. making it mandatory upon courts to order fel- oa stripes as a punishment for trust criminaIs"
 Definition Of Trust
 Some bills now before that body define what constitutes a trust, leg islate from the present statute the rule of reason" as interpreted by the supreme court of the United States in the Standard Oil and Tobacco de cisions, and provide as punishment for the violation of the law, imprison- ment from two 10 ten years in the penitentifryT
 A number of senators and repre- sentatives in congress are of the orinion that actual imprisonment Of great industrial offenders is essential 10 cure for the trust evil and that a law to be rigid, must of necessity define a trust so as to leave no room for controversy.
 In commenting on the subject, sen. ator Borah, of Idaho, a great cOnstitu- tional lawyer of the Upper House states that fines and dissolutions seem 70 be child's play for the trust magnates FelOn's stripes, where the violation is knowingly or wilfully done. will prove a potential remedy for these fragrant acts of commercial outlaws.
 The Chinese Way
 In China he said, the antitrust law orders that those who interrupt commerce are to be beheaded, To behead such offenders in our country would be extreme, but to compro- mise with a penitentiary sentence and a felon's stripes as a punishment is mild. and should be administered 10 trust criminals in the United States
 Should congress pass such a law the next session. which seems prob able, it will mean that such men as J. Pierpont Morgan. Judge E. II. Gary Henry Prick. Douglas Robinson, John D. Rockefeller. Jr.. and other men Of this standing in the financ al world will stand in the shadow of prison bars Numerous suits for dissolution and for violation of the Sherman anti trust law involving some of the most prominent men in the financial world are pending. Of course, these eases will be tried under the present status of the sherman law. There are. how ever, as many cases which are under invest gation by the department of I justice. but which have not yet been | filed for prosecution The Sherman law would be effective and if jail sen | tences were imposed the high moral plfne of a number of federal prisons wnl. it is said. be improved. at least as far as the class of inmates re ofIyed is concerned.
 How To Secure Respect
 This manner Of procedure, it is