The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-12-12
LAW
PROVING ADEQUATE
As a Civil Statute and Wick
ersham Says 1t Should
Not Be Amended.
But DOES NOT PASS
Judgment on Its Efficiency As
a Criminal Statute in
His Report. f4a

The Sherman antitrust law is prov
ing Its adequacy as n wi statute
and there is no necessity fo- the
much discussed proposed amend
ment partlcularlz.ng unlawful prac-
tices IN restraint OF trade. according
to George W. Wlckersham. attorney
general Of the United States, in his
annual report submitted to Congress
today.
On the other hand. however. the
attorney general does not pass judg-
ment upon the efficacy of the anti
trust act as criminal statute. He
merely says:
! The experience OF the last year
in endeayorfng to enforce criminal
Liability under the Sherman law has
not been encouraging" The at
torney general defends the com
merce court, the abolition of which
was attempted at the last. session OF
Congress. A return to the old meth
cd OF distributing litigation arising
from the orders of the Interstate
Commerce Commission to the district
courts would be injurious to the in
terests Of the public and delay the
administration Q. justice, says Mr..
Wickersham
Drawing conclusions from the de-
crees of dissolution and injunction
VIII oh already have been entered
under the Sherman law. Mr.. Wick
ersham maintains that the federal
courts are exercising in equity a
power to restrain which is co-exten-
sive with the evils against which the
Sherman law was enacted. The
courts have fauld difficulty, he
adds, in applying the terms of the
Law to meet and enjoin the contin-
uance of any form OF unfair compe-
tit,on which has resulted in impos-
/. ing an undue restraint upon inter
state commerce or which makes for
monopoly.
These DEGREES. the attorney gem
eral continues, demonstrate that no
amendment of the law in the direc-
ten 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 to accomplish the IL
legal purposes denounced by the
statute. nj
q am strongly OF the opinion. !"
says MIR. Wickersham, that Che ad-
vocacy OF amendments of the law
which shall partcularize different
acts as constituting unlawful re-
straints or attempts TO monopoly
has its origin. not so much with
those who des re the enforcement
of the law, as with those who are
anxious to secure safe means OF
its easion. An enumeration by
statute of the different practices
which, IN and of themselves, with
out regard 10 tho circumstances Of
particular cases, should be declared
Illegal will either 80 too far or not
far enough" .4ss.
The attorney general takes issue
with the ee'sion of Judges. colt,
Punam and Brown, OF Boston. au-
thorizing the hearing in private be-
fore. an examiner of the civil anti
trust suit aga INST 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 misconception OF
the nature of the proceedings and
the character Of the parties. When
the government OF the United states
is party to suit, and particularly
to a suit brought under the Sher-
man antitrust law, to prevent I'M
lawful restraints upon interstate
essentially matter af-
fectins the public-all the people
have legitimate interest in the
proceeding and are entitled 70 know
Just what evidence is being given
and whna it is given. Tue public
are the real parties to the suit"
The suit against the Coffee
Trust or the Brazilian valorization
scheme, the operation of which. the
attorney general says, has resulted
ap more than doubling the retail
pre- OF coffee to the American con-
sumer Pnd thereby laying a heavy
tax upon him, has developed what
tho attorney general regards as a
defect in the shll operative section
of the Wilson tariff law dealing with
combinations, Pointing to the fact
that the government was unable to
secure a temporary injunction re-
straininp tba aynOrfnFfon ~ Ooh 1On