The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-12-05
SHERMAN LAW
SERVING WELL.
AS It NOW IS
Wickersham Does Not Be-
lieve Amendments to the
Measure Necessary.
.DECRYS ATTACK ON
COMMERCE COURT

ANSOA\ = ~ "a l. S1SxA S4Y
COMMERCE COURT
Drawing Conclusion from DEGREES Of
Dissolution and Injunction Already
Entered Under Anti.tust Law, He
says Jurists are Finding Remedies,
Washington, Dec. 5.-The Sherman
antitrust law is proving its adequacy
as civil statute and there is no ne.
cessity for the much discussed pro-
lawful practices In restraint Of trade,
according to George w. Wickersham,
attorney general of the United States.
In his annual report submitted to con.
gress today.
On the other hand. however, the
attorney does not pass Judgment upon
the efficacy of the antitrust act as q
criminal statute. He merely says:
The experience Of the last year in
endeavoring to enforce criminal lia-
bility under the Sherman law has not
been encouraging. The attorney gen.
eral defends the commerce court, the
the last session of congress. A return
to the old method Of distributing liti-
cation arising from the orders Of the
interstate commerce commission to
the district courts would be injurious
to the interests Of the public and de-
lay the administration of justice. saws
Mr.. Wickersham.
Drawing conclusions from the de-
crees Of dissolution and injunction
which already have been entered un-
der the Sherman law. Mr.. Wickersham
exercising in equity suits a power to
restrain which is co-exteusive 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 to meet and enjoiu
the continuance Of any form Of unfair
competition which has resulted in i'm.
posing an undue restraint upon inter-
state commerce or which makes for
monopoly.
DEGREES Abolish Need.
These DEGREES. the attorney general
continues. demonstrate that no amend
ment Of the law in the direction of
declaring the illegality of particular
practices is necessary to clothe the
courts with full power to prevent any
and all cases which may be employed
to accomplish the illegal purposes de-
nounced by the statute.
/ Il am strongly Of the opinion" says
Mr.. Wickersham. that the advocacy
OF amendments of the law which shall
particuIarize different acts as consti-
tutfng unlawful restraints or attempts
at monopoly has it's origin, not SO
much with those who desire the en-
forcement of the law, as with those
who are anxious to secure safe
means of It's evasion. An enumera-
ton by statute Of the different pract-
ices 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.
The attorney general takes issue
with the decision Of the Judges Colt.
Putnam and Brown at Boston. author
izing the hearing in private before an
examiner Of the civil antitrust suit
against the United States Shoe COM
pany. and asks for legislation admit
ing the public and representatives Of
the press to such hearings.
THE decision. 1t appears to me-"
continues Mr.. Wickersham, "is based
upon a manifest misconception Of the
nature Of the proceedings and the
character Of the parties. When the
government of the United States is a
party to suit, and particularly to a
suit brought under the Sherman anti
trust law. to prevent unlawful re-
straints upon interstate commerce or
foreign commerce-essential a mat
ter affecting the public-all the people
have legitimate interest in the pro.
ceeding and are entitled to know Just
what Is being given and when II is
given. The public are the real parties
to the suit"
The suit against the coffee trust,'
or the Brazilian valorization scheme.
the operations of which. the attorney
general says has resulted In moro
than doubling the retail price Of cof.
fee to the American consumer and
thereby laying heavy tax upon him.
has developed what the attorney gen.
eral regards as defect in the still
operative section of the Wilson tariff
law dealing with combinations. Point
ing to the fact that the government
was unable to secure a temporary in
junction restraining the expectation Of
100000 bags of coffee. said to he stor-
ed in New York city under the valori-
zation scheme. the attorney general
recommends the enactment of an
to the Wilson law, author
izing the seizure by the government in
the state Of entry of merchandise inn
ported for the purpose of unlawful
At present such COM
must be in the course of IN.
transportation to Justify seiz-
ure.
Beef Competition Substantial.
The voluntary dissolution of tho
National Packing company. following
the acquittal at Chicago of the beef
packers of criminal violation Of the
q n a hoc n1;e