The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-12-05


is no necessity for the much dis
| cussed proposed amendment partic-
| ularizing unlawful practices in re-
straint Of trade according to Geo.
w. Wickersham, attorney general
of the United states, in his annual
report submitted to congress to-
day.
On the other hand, however, the
attorney general does not pass judg-
ment upon the efficiency of the
| antitrust law as a criminal statute.
He merely says:
THE experience of the last year
| in endeavoring to enforce criminal
! liability under the Sherman law
| has not been encouraging The
attorney general defend sthe COM
| merce court, the abolition of which
was attempted at the last session
of congress. A return to the old
| method of distributing litigation
arising from the orders OF the in
terstate commerce commission to
the district courts would be injuri-
ous to the interests Of the public
and delay the administration of JUS
tice, says Wickersham
Drawing conclusions from the de-
crees of dissolution and injunction
| which already have been entered
under the Sherman law, Mr. Wick
ersham maintains that the federal
courts are exercising in equity suits
power to restrain which is CO.
extensive with the evils against
which the Sherman law was enact
ed. The courts have found no diff
ficulty, he adds, in applying the
terms of the law to meet and en-
Join the continuance of any form OF
unfair competition which has result
ed in imposing an undue restraint
upon interstate commerce or which
makes for monopoly.
These DEGREES, the attorney gen
eral continues, demonstrate that no
amendment of the law in the direc-
ton of declaring the illegality of
particular practices is necessary to
clothe the courts with full power
to prevent any and all acts which
may be employed to accomplish the
illegal purposes denounced by the
statute.
Il am strongly Of the opinion
says Mr.. Wickersham, that the ad-
vocacy of amendments of the law
which shall particularize different
acts as constituting unlawful re-
straints or attempts at monopoly
has it's origin, not so much with
those who desire the enforcement
of the law, as with those who are
anxious to secure a safe means OF
it's evasion An enumeration by
statute of the different practices
which. in and of themselves. with
out regard to the circumstances OF
particular cases, should be declared
illegal will either go too far or not
| far enough. g
The attorney general takes issue
With the decision of the Judges Colt
| Putnam and Brown at Boston. auth
| orizing the hearing in private be-
fore an examiner of the civil anti
trust suit against the United Shoe
| Machinery Company, and asks for
| legislation admitting the public and
representatives of the press to such
hearings.
"The decision, it appears to me-
continues Mr.. Wickersham, is
based upon a manifest misconcep-
| ton of the nature Of the proceed
| ings and the character OF the par
ties. When the government of the
United States is a party to suit
and particularly to a suit brought
| under the Sherman antitrust law,
to prevent unlawful restraints up
on interstate commerce or foreign
commerce-essentiall matter az
fecting the public-all the people
have a legitimate interest in the
proceeding and are entitled to know
Just what evidence is being given
and when it is given. The public
are the real parties to the suit
The suit against the Coffee
Trust or the Brazilian yalorization
scheme, the operations of which,
the attorney general says, has re-
suited in more than doubling the
retail price of coffee to the Ameri-
can consumer and thereby laying a
heavy tax upon him, has developed |
what the attorney general regards