The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-18
Attorney-G General Wick
ersham Also Comes
In for Censure.
HIS ACTIVITIES
ARE CRITICISED
Pomerene Declares 1t Is Repre-.
hensible for Head of Tus,ic-
Department to Refuse to Pros
ecute Criminal Provisions
of Antitrust Law-To-
bacco Case Discussed.

Washington. d. C., November ia
general attack upon the decree of the
circuit Court of New York in the dis
solution of the American Tobacco
Company, and a specific comparison OF
the activities OF Attorney General
Wickersham and former Attorney
General hudson Harmon in enforcing
tho Sherman antitrust law against
great combinations, enlivcned to-day's
hearing of the Senate Committee on
interstate Commerce, which is invcs-
tigating the trust problem with view
to now legislation.
senator Pomcrene. OF Ohio. in viror-
Gus questions directed toward H. b.
Martin. a witness before the con,mit-
tee. asked II lie knew OF "auy 1ustl-
iication for the head of department
of the government to take the posi-
ton that he will not enforce the Grim
inal provisions of the Sherman anti
trust law.
Attacks wIckcrsbnm.
There appears to be little effort in
the Department of Justice to enforce
the criminal provisions of the law"
said Senator Pomerenc DO Won
know of any statute or other authority
which 1ustifics 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 tho
department in its failure to enforce
these provisions as most rcprehensi-
bic"
senator Oliver was the only member
oil the committee who replied to the
attack on the Attorney General. Also
addressing the witness, he wanted 10
know what the latter thought of the
comparative reprehensibility" of an
Attorney General who actively and
successfully enforced law like this,
who resurrccts 1t and makes 1t efrec-
tive and proceeds at least toward sue
cessful civil prosecutions as compar-
ed with one OF his predecessors who
did not and who practically declared
the law q dead letter"
II refer 10 former Attorncy-Cener.I
Judson Harmon, of Ohio" said Sen.
ator Oliver. looking across the table
to Senator Pomcrene.
The committee showed signs of an
tncipient outbreak. Senator Pomereue
declared that II was not Mr.. Harmon.
but his predecessor. Richard Olney.
who had said in substance that the
IA" "as a dead letter. Mr.. Harmon.
he said. took up and pushed to n dc
cision In the Supreme Court tho trans
Missouri rate cases, and made every
effort TO revivify the Sherman law.
Other members OF the committee re-
Trained from taking part in the dis
cussion, and 1t was quickly dropped.
Fails to Restore Competition.
The dissolution decree in the Ameri-
can Tobacco Company case. dividing
the trust into four separate organiza-
lions. was characterized several times
during the hearings as construction
OF the Sherman law that failed to re-
store competition or meet the spirit
of trust control. Senator Cummins
said he did not believe that actual
competition could be enforced under
the present Sherman law.
There are clearly two movements
under way for changes in the Sher-
man law" said Mr.. Cummins: the
first mitigation OF the provisions OF
the law: the other toward amendments
and supplementary acts that will make
1t more efficient Instrument for the
preservation of competition" . He en-
pressed his sympathy with the latter.
The effect OF law prohibiting d.
rectors of steel and coal companies
from sitting in the directorates OF rail-
roads was briefly discussed during the
hearing. Senator Townsend. of Mich
igan, declared he favored such an act
but he believed the one offered to the
committee would permit OF the Same
end being accomplished through
dummy directors.
Rocks VIII Close December 4.
Nnk vArtr No 4 m