The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1911-11-23
POMERENE
Acknowledgement
SCORES WICkERsHAM FOR EN-.
TIRE FAILURE TO ENFORCE
CRIMINAL PROVISION.
OF SHERMAN ANTITRUST LAW
ohioan Defends Harmon's Activities
Cummins Doubts II Competition
Is Possible Under Present
Statute.


Washington, Nov. 18.-A general ct.
tack upon the decree of the circuit
court of New York in the dissolution
of the American Tobacco 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 the hearing of the senate
committee which is investigating the
trust problem with view to new legis-
lation.
Senator Pomerene of Ohio directed
several pointed questions to H. B.
Martini secretary of the Antitrust
league, a witness before the commit
tee.
There appears to be little effort in
the deperamtne of justice to enforce
the criminal provisions Of the law"
Senator Pomerene said. do you
know of any statute or other author
ity which justifes an attorney general
in taking the position that he may en-
force the statute in the civil courts,
but decline to enforce it's criminal pro-
visions? / regard the course of the
department in it's failure to enforce
these provisions as most reprehens-
ible."
Senator Oliver was the only member
of the committee who replied to the
attacks on the attorney genral. Also
addressing the witness, he wanted to
know what the latter thought of the
comparative reprehensibility" Of an
attorney general "who actively and
successfully enforces law like this,
who resurrects it and makes it effec-
tive and proceeds at least toward sue
cessful civic prosecutions, as compared
with one of his predecessors who did
not and who practically declared the
law a dead letter."
II refer to former Attorney General
Judson Harmon of Ohio" Senator
Oliver said, looking across the table
to Senator Pomerene.
Olney Who Said It.
The committee showed signs Of an
incipient outbreak. Senator Pomerene
said it was not Mr.. Harmon, but his
predecessor, Richard Olney, who had
said in substance that the law was a
dead letter.
Mr. Harmon, he said, took up and
pushed to a decision in the supreme
court the Missouri rate case and
made every effort to revivify the Sher.
man law. Other members of the com.
mittee refrained from taking part in
the discussion.
The dissolution decree in the Ameri.
can Tobacco company case, dividing
the trust into four separate organiza.
lions was characterized at several
times during the hearings as a con.
struction of the Sherman law that
failed to restore competition or meet
the spirit of desired trust control.
Senator Cummins said he did not be.
lieve there could be actual conpeti.
ton enforced under the present Sher.
man law.
There are clearly two movements
under way for changes in the Sher.
man law" Senator Cummins said.
"the first for mitigation of the pro.
visions of the law; the other towards
amendments and supplementary acts
that will make it a more efficient in.
strument for the preservation of com.
petition"
He expressed his sympathy with the
latter, adding that "the two plans
have little in common"
The effect of a law prohibiting di.
rectors of steel and coal companies
from sitting in the directorates of
railroads was briefly discussed during
the hearing. Senator Townsend of
Michigan said he favored such an act,
but he believed the one offered the
committee would permit of the same
end being accomplished through dunn
my directors.
Samuel Untermeyer of New York,
whose plan for trust legislation was
outlined in a report to the National
Civic Federation last week, will be
heard by the committee. His plan
includes the appointment of a COM
mission similar to the interstate COM
jmerce commission t. deal with indus.
trial corporations With a capital of
more than $1,000,000 doing business
in more than one state, the corpora
tions to be licensed by the federal
government.
Four in Sleigh Are Frozen.