The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-06-11
Will Criminal Charges Be
Preferred Against Officials
of Standard Oil and the To-
bacco Trust?
POMERENE OF OHIO
STIRS HORNET NEST
By His Resolution Asking
For Government to An
nounce Its Purpose-Ken-
yon Has an Amendment.
BY JONATHAN WINFIELD.

BY JONATHAN WINFIELD.
Washington, June 10-Since the
government has won signal victories
under the Sherman antitrust law in
the Tobacco Trust case, and the Stan
dard Oil case, questions are heard In
every quarter as to just what the
government has accomplished for the
people after years of work on the part
of lawyers. and after the expenditure
of thousand of dollars of the peoples
The question is asked. are ofiicials
and directors of the Tobacco combine
and the Standard Oil corporatin GRIM
inally liable for violation of the law
in view of the recent decisions? And
if so, why has the government not in
sisted upon sending these men to Jail
the same as it would insist upon jail
sentences in the case of an individual
who had been arrested on a charge
of receiving stolen goods and later
convicted by jury? In answer, 1t is
pointed out that the defendants are
men of wide influence. and while they
have Technically" violated the law in
the strenuous competition of business
have in reality not been of the same
danger to society as the common
crook Yet in the eyes of the law,
one violation of a statute is just as
much against the law as another, and
theoretically ought to be punished
without partiality.
Starts Ball Rolling.
The hornets nest that has been
stirred up over the question OF inpos-
ing Jail sentences on violators Of the
Sherman antitrust law was precipitat-
ed by Senator Pomerene of Ohio. who
introduced a resolution in the senate
calling upon Attorney General Wicker
sham to tell that body what criminal
prosecution had been begun against
the Standard Oil company or against
the Rockefellers and their associates.
This started the ball rolling, and it
was discovered after much diligent
search that only one Jail sentence un-
der the Sherman antitrust law had
been imposed on defendant since
that law was passed in 1896. In that
case it was found the defendant had
not served any actual time in Jail.
This sentence was imposed in the
case of the United States against the
Naval Stores company and others in
1908. The defendants were tried and
convicted on a charge of monopoliz-
ing and restraining interstate COM
merce under the Sherman antitrust
law. and Justice Sheppard, United
States circuit judge for the Southern
district of Georgia. sent the two de-
PENDANTS to Jail, as we'll as fining them
and three others $17.500.
An appeal 10 the United States SUI
preme court has been entered by the
defendants, who have brought their
case before the highest court on a
writ of certiorari, and by next fall a
decision will probably be entered in
the case which will determine wheth.
er the defendants will have to serve
their sentences or not.
1t is pointed out by Aattorney Gen
eral Wickersham that it is not the
fault of the Department of Justice
that trust officials who have been ad.
judged guilty of acts in violation of
the Sherman law are not sent to Jail
The trouble, in these cases, he de.
clares, is that the law gives the trial
Judge discretion of imposing prison
sentences; that is the judge may send
an individual convicted under the
Sherman act to Jail, il he likes, but
he does not have to do SO. And all
judges so far, with the exception OF
Justice Sheppard, have stopped short
of imposing Jail sentence.
Urged Jail Sentences.
The department Of justice, Mr.
Wickersham states, on the other hand
has during the past year. in all new
man act instructed its attorneys in
concluding arguments in cases to urge
the court to not only infict a fine in
the case. but insist upon the court i'm
posing Jail sentence.
Ever since the case against the
Window Glass trust, when the cour,
in the Southern district of Pennsyl
ney general has issued instructions
repeatedly that attorneys should ash
the court to impose Jail sentences
Prosecution of the Bath Tub" trust
which has progressed to such point
that the case will be heard shortly or
/ its merits, contemplates q substantial
Jail sentence for every defendant nam
ed in the bill At least this is The
hope expressed by attorneys who
have had the actual prosecution ol
the case In hand Other suits start
ed by the government such as thu
prosecution of the electric trust, lum
CONTINUED on Page Eaxht)