Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-05
WICKERSHAM TO
GO after LANDS
Declares Southern Pacific Holds
S500,000,0OO of Pubhcs'
Property.

Washington, Dec. One SueI lHdH
antitrust law is proving it's adequacy /
as civil statute and there is no ne
cessity for the much discussed pro-
posed amendment particularizing un-
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 at
torney general does not pass judg-
ment upon the efficacy of the anti
trust act 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 gen
eral defends the commerce court, the
abolition Of which was attempted at
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 injurius
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 enforced un-
der the Sherman law, Mr.. Wickersham
maintains that the federal courts are
exercising in equity suits a power to
restrain which is co-extensive 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 enjoin
the continuance of any form of unfair
competition which has resulted in inn
posing an undue restraint upon inter-
state commerce or which makes for
monopoly.
/ These DEGREES, the attorney general
continues, demonstrate that no amend
/ ment of the law in the direction Of
( declaring the Illegally of particular
practices is necessary to clothe the
courts with full power to prevent any
and all acts which may be employed
tc 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
| particularize different acts as consti-
tuting unlawful practices or attempts
at monopoly has its origin, not so
much with those who desire the en-
forcement of the law, as with those
who are anxious to secure a safe
means of it's avasion. An enumera
ton by statute of the different prac
tees which, in and of themselves
without regard to the circumstances
of particular cases, should be declared
illegal will either go too far or not fan
enough
The attorney general takes issue
with the decision of Judges Colt, Put
nam and Brown at Boston, authoriz
ing the hearing in private before al
examiner of the civil and antitrust
suit against the United States Ma
chinery company, and asks for legis
lation admitting the public and repre-
sen-atives of the press to such hear
ings.
The decision, it appears to me,
continues Mr. Wickersham, lis based
upon a manifest miscOnception of the
nature of the proceedings and the
character of the parties. When the
government of the United States IL
a party to a suit, and particularly t.
a suit brought under the Sherman
antitrust law, to prevent unlawful
restraints upon interstate commerc,
or foreign commensurate
matter affecting the public-all thu
people have a legitimate interest il
the proceeding and are entitled t,
know just what evidence is beinj
| given and when it is given. The pub
lie are the real parties to the suit"
The suit against the coffee trust
or the Brazilian valorization scheme
. the operations of which, the attorne
b general says has resulted in more thai
s doubling the retail price OF coffee L
y the American consumer and thereb