The Washington herald., 1911-06-01
OFFICERS OF Dad
. TRUSTS NOW FACE
CRIMINAL TRIALS
Wickersham Soon Ready to
Begin Prosecutions.
HOPES FOR CONVICTION

Aoi> POhSy VI ah> O~P Va
Justice in seeking to curb unlawful
combinations in restraint of inter
state trade would be the applica-
ftion, whenever possible, of the
terminal provisions of the Sherman
antitrust law against responsible
individuals.
The Attorney General threw out
this intimation while testifying be-
fore the House Committee on Ex-
penditures in the Department OF
Justice. He declared that as a re-
suit of the Standard Oil and Amer
ican Tobacco cases juries will now
be willing to convict nd judges to
impose sentence under the penal
provisions of the statute.
FEW CRIMINAL PROSECUTIONS.
Mr.. Wickersham made these state
! ments in reply to questions by Repre-
sentative Beall, Of Texas, chairman Of
the committee, as to why there had
! been SO few criminal convictions under
the Sherman antitrust law. The At
| torney General replied that in the past
juries had shown a reluctance to con-
| vict and the courts to impose prison
sentences for violations Of the act.
This was due to the uncertainty a. to
the import of the law.
This state OF mind" said Mr.. Wick
| ersham. will be changed az . result of
the decision Of the Supreme Court In
the Standard Oil and tobacco trust
cases. Up to the time Of these decisions
| there were two schools of thought on
! this subject. AS the legal doctors dis
agreed as to the meaning Of the law.
naturally the courts and juries were
loath to invoke the clause authorizing
prison sentences. The fault lay In the
uncertainty or ambiguity of the law.
All uncertainty has now been removed.
and I expect that convictions OF indi-
viduals will be more frequent hereaf-
ter"
The Attorney General was asked by the
chairman of the committee whether he
| had made plans for the criminal prose-
| cution OF officers Of the Standard OIL
| and American Tobacco companies.
That question. It seems to me. an
! swers ITSELF" was the Attorney Generals
only reply.
Plans to Take Action.
The construction placed upon this an
| swer was that the Attorney General,
ha
ment was investigating the criminal
phases Of both cases. 1t is in fact known
| that the Attorney General has under
taken an Investigation into the possibili-
ties OF criminal action against both
Standard OIL and tobacco trust defend
ants. but he has not made up his mind
definitely IN regard to either ease Also,
It can be said that no criminal action
will be undertaken by the government
| in any event until the periods set for
the dissolution Of the two companies
have expired. The administration feels,
| it Is understood. that the situation in re-
gard to dissolution should not be made
more confusing by additional proceed
ings on the part Of the government.
Prison Sentences Elective.
Mr.. Wickersham added that he believed
! the prison sentences would be the most
effective means Of enforcing respect for
the antitrust law. Criminal proceedings
are now pending against the meat pack
ers the Boston milk dealers, the South
ern grocery trust, and the naval stores
combination. and 1t is apparent that
others will be added to the list In the
actions which the Department Of Justice
will bring under the Interpretation Of the
Sherman antitrust law In the recent big
decisions.
The Attorney General, in the course Of
his testimony before the committee, also
| made an important statement relative to
the effect Of the Supreme Courts decree
upon the tobacco trust. Representative
CantriIl. who halls from a tobacco-grow-
ing district in Kentucky. observed that
he could not see how his farmers would
get any relief under the Supreme Courts
decision.
"The American Tobacco Company will
reorganize and go ahead in the same
old way" observed Cantrill.
"The process will not be one Of re-
organization" replied the Attorney Gen.
eral 'It win be one Of disorganization
and II will mean to my mind a restoration
Of competitive conditions in the industry %
No Political Capital.
Il was the expectation Of the Demo-
cratic leaders in calling Mr.. Wickersham
to the witness chair that he would be
driven to make disclosures which would
provide political capital for the Demo-
Gratis in the 1872 Presidential campaign.
In this the Democratic members Of the
investigating committee were disap-
pointed.
The Attorney General was absolutely
frank in dealing with the committee.
He not only answered questions fully.
but in some instances went to the ex-
tent Of simplifying his answers with
Information not called for by the COM
mfttee.
The Attorney General was on the Wit
ness stand for three hours. Among other
things he narrated the activities OF the
Taft administration in running down
trusts, and the Democratic committee
men had to acknowledge that he had
made good showing.
The people generally. and tho depart
msnt which you represent. are to be COM
ratulated.'' observed Representative
BeaIl, Of Texas. addressing the witness.
"on the results obtained by the prosecu-
tiouS OF the standard on COMPANY and
the American Tobacco Company"