Omaha daily bee., 1911-06-01
Recent Decisions of Supreme Court
Furnish Basis for Action.
PRISON TERMS MOST EFFECTIVE
Courts Slow to Convict as Long as
Meaning of Law is in Dispute.
QUESTIONS ABOUT SEVERAL SUITS
Representatives Ask In Regard 60
Proceedings Against Cotton,
Sugar and other Com
binutions,

cisions Of the supreme court in the stand
ard Oil and American Tobacco cases viii
result in a sweeping attempt TO secure
criminal convictions OF violators of the
antitrust law. according to Attorney Cen
eral Wickorsham, who appeared today be-
fore the house committee on expenditures
in the Department OF Justice.
Mr.. Wickersham was questioned chiefly
by Representative Beau OF Texas, chair
man Of the committee. concerning the sale
by the government Of frlar lands IN the
Philippines to the American sugar Refin-
ing COMPANY.
He said that Henry w. Taft had at one
time appeared as a special attorney for
the government against the "Iicorice
trust" a part of the American Tobacco
COMPANY
Mr. Wickersham was asked why the
government thus far had failed to lodge
any trust magnates' I'm prison.
I'VE have done the best we could" he
said, but there has been an unwillngness
on the part OF juries and courts to sem
tence men to prison under the antitrust
law. Until the supreme court laid down
Its definite construction in the two cases
just decided, their reluctance was well
understood, for the law has always been
open to question and has been construed in
different ways by different courts. Juries
are becoming more willing now. however
! to convict. and judges who have been re-
luctant to impose prison penalties now
! have the supreme court decisions to sus-
| tain them.
FRvOrs Prison Sentences.
Mr.. wickersham said he believed prison
sentences would be the most effective
means Of enforcing respect for the anti
trust laws Criminal prosecutions against
meat packers, milk dealers, grocers. the
naval stores and window glass comblna-
tion. and alleged yiolators OF the antitrust
law he said, would be augmented by
other prosecutions. One this subject the
/ government had definite plans. Chairman
Beall asked why there had been no crim-
inal proceedings against the heads OF the
Standard oil and Tobacco -corporations.
In view OF tha fact that we have Sc
cured decisions In these cases only within
the last two weeks, Il seems TO me that
question answers itself" said Mr. Wick
ersham. Now. however we have an in
Iterpretation of the antitrust act on which
we can proceed"
The attorney general was closely ques-
tioned by Mr. Beall as TO the cotton cases
in New York. but he refused TO disclose
the governments future action. Asked
why actions were brought against those
seeking TO elevate the price OF raw cotton
rather than against the spinners and The
bears" who were trying 10 depress 1t, Mr..
Wickersham said the government had be-
lieved 1t much easier to reach the seven
men controlling the raw cotton pool and
against whom exact information was OBJ
tained.
THE statute OF limitation has not run
against the other" he added.
III the government is sustained in this
first cotton case the other combinations
may be attacked"
HAS there ever been any investigation
Of the attempt of bears to depress cotton
prices in New York and New OrIeansY"
Chairman BealI asked.
No, 1 have never had any facts brought
to my attention that seemed to show a
violation of the antitrust law In such mat
ters"
Questions About Sugar Trust.
Mr.. Wickersham declared that after he
became attorney general John Henry Ham
mond represented Strong and Cadwallader
as counsel for the so-called sugar trust in
the purchase OF the friar lands He added
that at the time he gave his opinion per-
mitting the sale Of these lands he did not
! know that Hammond represented the pres
ioent OF the American sugar Refining COM
pany, Mr. Havemeyer.
: When asked about the connection Of the
firm with steel affairs. Mr.. Wickersham
said:
II personally have advised the United
] States Steel corporation in one or two
, matters"
did Strong and Cadwallader ever repre-
sent the New York Cotton exchange 20
( asked Chairman Beall
, Yes, Henry w. TAFT was counsel for
E the exchange" Mr.. Wickersham replied
"and I think he still continues in that
capacity"
i The chairman sought particularly to learn
Of the attorney general why the depart
, ment OF Justice and Treasury department
accepted a 100000 settlement from the
American Sugar Refining company as
restitution for under-vauations at the port
OF New York, rather than enforce the
severe penalty provided for by law.
e Evidence Not Complete.
% Mr.. Wickersham replied that the de-
p partment felt the evidence at hand was
z not sufficient 20 support a claim for penal
- ties, though It was his belief that restitu-