New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-01
THINKS FINES TOO LIGHT
Author of History OF Sherman
aw Protests in Wire Case.
uRGES MAXIMUM PENALTY
,rsre Archibald Says He May
Have Been Too Lenient, but
Adheres to Decision.

The fnins yesterday N eleven HoIe ue
..-ss,+s in the steel wire and horseshoe
- bv Judge ARCHIBALD IN the United
80 Circuit Court brought forth a pro-
-, IRON, Albert Il. Walker, author Of
s-,. History Of the Sherman Law" Mr.
,-,rl,er held that the punishment should
NJ more severe.
THE men who were fined Yesterday
-,.asss nolo contendere Thus far sixty
- n the eiehty-three defendants IN this
80 have entered this plea. each being
S-sd & 600 and a part Of the cost OF the
..nssc,fion. In some cases the fines were
- .igh as 500. the aggregate so far
belng $1,000
n the case ~ Francis ". Carpenter
,ra.ssApt Of the Rhode Island Perkins
yJo-sAshoe Company. Judge Archibald
against the protest 81 Assistant Federal
At.orrev Grim. accepted 4 plea 81 nolo
con,enSere, made by power of attorney,
ard imposed a fine II Slooo
Arer the imposition Of a fine OF $500
hss been imposed upon Frank A. Keyes,
salesman Of the American steel and Wire
c,v,,arv. Mr. walker. who had previously
la talk with Judge Archibald addressed
TIE court
rh4 LAWYER said he was protesting on
nssalf Of the people Of the United States.
s,s II outraged Justice. and as a friend
~ -hA court and the people" he declared
that the defendants were all guilty. and
they. ike al other people. ware supposed
70 know the law
Violations o. the Sherman law said
NJ Walker. constitute the most profit
sh'. industry IN this country since Colum-
his discovered the West Indies. Fines do
not constitute 1 per cent Of the profits
which these men have made. and the i'm
position Of such fines Is Inconsistent admin
isrrauon II justice
N~ Walker cited the decision rendered
". President Taft while on the bench IN
4As Addvston Pipe case which was sus-
famed by the Federal Supreme Court He
ssd that was the only litigation that was
4, srv way analogous 70 the present prose-
cr.ior of the steel wire men. He added
that the recent decisions Of the Supreme
Court in the Standard oil and Tobacco
,sses had no application whatever 70 the
prosecution OF the present defendants.
u4 also csHe4 attention 70 the imposi-
ZION hv JUDGE speer Of 5000 fines IN the
Turpenr're Trust cases. on 4 promise from
-ra defendants not to again violate the
Sherman law. and urged the imposition Of
the maximum fines upon the steel wire
men. with a similar promise, in lieu Of
Imprisonment
Judge Archibald said in reply.
. 4, NAV be that I have looked on. these
cff-rces more leEiently than I should Inc
object II any criminal prosecution is 10
visit offences with the punishment OF the
law such as will deter others q : wei as the
defendants from repeating their oHences.
I an, NOT uer-uafed that the law had been
s. clear 70 the business World beIore tHe
recent decision Of the supreme Court. 1haI
coreiderS ton largely Influenced me anu
guided me i'm arriving AZ these Nnes.
Counsel for tho defendants wanted smaller
fines the District Attorney wanted larger.
I took an intermediate position. The bust
ness world now knows NnaI tle Jaw NJ. -
and f. IS not likely 20 Onend AGAIN. ne
r-erttces complained Of have been gwen
IN for year or more. In sense tne III
d!ctments are rakinS up the past. All pAese
considerations tend 10 vindlcate 10 n Ger
,qir extent 7 VIII adhere, therefore, TO
ttA mes 1 have imposed.
Tile others who pleaded ncl0 contendere
yesterday and were fned were lie Baron
c. Colt. secretary Of the National India
Rubber Company. 5000; Frederick L. Dun
r. general superintendent Of the same
company. $1,000. George T. Rummen as
sstart sales agent Of the American Steel
and Wire Company, G,1}0. Dennis a. Mer-
rnan. assistant sales agent Of the same
company. $500. Edwin Bartram. SLIGO,
George 4. Cragln. $500, Charles w. Bas-
s,tt. 81 800. Herbert O. Phillips. president
ana treasurer Of the Phillips Insulated
WIRE COMPANY $500. and Frank Baacker'
v'oe- president Of the American Steel and
Wire COMPANY $500.
Judge Archibald will sir again on Friday
afternoon 20 accept pleas Of nolo conten-
Cere from Herbert /. Satterlee, Son-ln-laV
~ = p Morgan. who rs the president Of
The E1hirsLaW Wire Company. end other
defendant who are on their way here from
Europe or distant parts Of the United
States