Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-06
ANTITRUST LAW
WORTH IS PROVED
NO NECESSITY FOR AMEND
MENT SAYS WICKERSHAM
IN REPORT.
ONLY As CIVIL STATUTE.
RESULTS FROM ENDEANOR TO
ENFORCE CRIMINAL LlABIL-
ITY DURING YEAR NOT
ENCOURAGING
BY Associated Press.

BY Associated Press.
Washington. ID. c., Dec. 5.--The
Sherman antitrust law is proving its
adequacy as a civil statute and there
is no necessity for the much discuss
ed proposed amendment particulariz-
ing unlawful practices In restraint OF
trade, according to George w. Wick
ersham, attorney general OF the Uni
tea States, In his annual report sub
mitted to Congress today.
On the other hand, however, the
attorney general does not pass juds-
ment upon the efficacy OF the anti
trust and as a criminal statute. He
merely says:
"The experience OF the last year In
endeavoring to enforce criminal liza
bility under the Sherman law has
not been encouraging" The attorney
general defends the commerce court.
the abolition of which was attempt
ed at the last session OF Congress. A
return TO the old method OF distribu-
ting litigation arising from the Or
ders OF the interstate commerce CON-
mission TO the district courts would
be Injurious to the interests of the
public and delay the administration
OF Justice, says Mr.. Wickersham.
Drawing conclusions from the de-
crees OF dissolution and injunction
which already have been entered un-
der the Sherman law, Mr.. Wicker
shaw maintains that the federal
courts are exercising in equity suits
a power to restrain which is co-ex-
tensive with the evils against which
the sherman law Was enacted. The
courts have found no difficulty. he
adds, In applying the terms OF the
law 10 meet and enjoin the contInu-
ance OF any form Of unfair competi-
ton which has resulted In imposing
an undue restraint upon Interstate
commerce or which makes for mon
opoly.
These DEGREES. the attorney gener-
nj continues, demonstrate that no
ahl'huhlNhl VI Ah' law III Nht hii''-
tion of declaring the illegality OF par.
ticular practices IL necessary to
clothe the courts with full power to
prevent any and all acts which may
be employed to accomplish the ille.
gal purposes denounced by the sta
tute
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
its 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 its evasion.
An enumeration by statute OF the
different practices which. In and OF
themselves. without regard to the
circumstances of particular cases.
should be declared illegal will either
90 too far or not far enough"
The attorney general takes issue
with the decision OF the Judges Colt.
Putnam and Brown at Boston, auth
orizing the hearing In private before
an examiner OF the civil anti trust
suit against the United Shoe Machin-
cry company. and asks for legislation
admitting the public and representa-.
tives OF the press to such hearings.
THE decision. II appears TO me. ="
continues MIR. Wickersham, lis bas-
ed upon a manifest misconceptlon OF
the nature OF the proceedings and
the character OF the parties. When
the government OF the United States
Is a party TO n suit, and particularly
TO a suit brought under the Sherman
antitrust law. TO prevent unlawful
restrains upon interstate commerce
or foreign commerce essentially a
matter affecting the publlc-all the
people have a legitimate interest in
the proceeding and are entitled to
know Just what evidence Is being
given and when II is given. The pub
lie are the real parties 10 the suit"
The suit against the Coffee
Trust" or the Brazilian valorization
scheme, the operations OF which, the
attorney general saws has resulted In
more than doubling the retail price
OF coffee to the American consumer
and thereby laying a heavy tax upon
him, has developed what the attor-
ney general regards as a defect In
the still operative section OF the VIII
son tariff law dealing with combina-
tions. Pointing 10 the fact that the
government was unable to secure a
temporary Injunction restraining the
expectation OF $4,000 bags OF coi-