New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-06
SHERMAN LAW AMPLE,
SAYS ATTORNEY GENERAL
ParticuIarizing of Unlawful
Practices Unnecessary, De.
CIares Annual Report.
UPH0LDS COMMERCE COURT
Competition Among Packers Re.
stored and Publicity in Shoe
Machinery Suit Urged-De-
partment Of justice PAYS.

Washington. Dec. 5.-The Sherman anti
trust law is proving its adequacy as a
civil statute, and there Is no necessity for
the much discussed proposed amendment
particuiarizing Unlawful practices In re-
straint Oh trade. according to George w.
| Wickersham. Attorney General of the
United States, in his annual report, sub
mitted to Congress to-day.
However. the Attorney General does net
pass Judgment upon the efficiency of the
antitrust act as a criminal statute. He
merely says:
The experience OF the last year in en-
deavoring to enforce criminal liability
under the Sherman law has not been en-
couraging"
Inc Attorney General defends the Com
merce Court, the abolition of which was
attempted at the last session of Congress
return TO the old method of distribut-
Ing litigation arising from the orders OF
the Interstate Commerce Commits sion to
the district courts would be Injurious 10
the interests OF the public and delay the
administration OF justice, says Mr. Wick
ersham.
Drawing conclusions from the DEGREES
Of dissolution and injunctions which al
ready have been entered under the Shcr-
man law, Mr.. Wickersham maintains that
the federal courts are exercising in equity
suits power to restrain which IL 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 en-
join the continuance of any form OF I'M
fair competition which has resulted in
imposing an undue restraint upon inter-
state commerce or which makes for
monopoly.
PartieuIarixins Not Needed.
These DEGREES, the Attorney General
continues. demonstrate that no amend
ment OF the law in the direction OF de-
claring the illegality Of particular prac-
tees Is necessary 10 cothe the courts
with full power to prevent any and all
acts which may be employed to accom-
plish the Illegal purposes denounced by
the statute. He says:
am strongly OF the opinion that the
advocacy Of amendments OF the law "hlcn
shall particularize different acts as con-
stituting UNLAWFUL Restraints dttcHip.S
al 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 Its evasion
An enumeration by statute OF the diner
emit practices which In and OF them
selves, without regard to the circum-
stances OF particular cases. should De
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 authorizing the
hearing in private before an examiner OF
the civil antitrust suit against the United
Shoe Machinery Company. and asks
for legislation admitting the public and
representatives Of the press TO such hear
ings. saying:
Tho decision, II appears to me, is based
upon a manifest msconception or the
nature of the proceedings ana the char
acter OF the parties. When the govern
ment Of the United States is a party 10
suit. and particularly TO a suit brought
under the Sherman antitrust law. 10
prevent unlawful restraints upon inter-
state commerce or foreign commerce-es-
sentially a matter affecting the pubic
all the people have legitimate interest,"
IN the proceeding and are entitled 10
know iust what evidence In being given
and when II Is given. The pubic are the
real parties TO the SUIT.
Defect in Wilson Law.
The suit against the coffee trust" or
the Brazilian valorization scheme. the
operation OF which. the Attorney Cen
cral says. has resulted In more than
doubling the retail price OF coffee to the
American consumer, thereby laying a
heavy tax on him, has developed what
the Attorney General regards as defect
in the still operative section OF the wilson
tariff law dealing with combinations.
Pointing TO the fact that the govern
ment was unable 10 secure temporary
Injunction restraining the expectation OF
$4,000 bags of coffee. said to be stored in
New York City under the valorization
scheme, the Attorney General recon-
mends the enactment OF an amendment to
the Wilson law. authorizing the seizure
by the government In the state OF entry
of merchandise imported for the purposes
OF unlawful combination. At present such
commodities must be In the course OF In
terstate transportation TO Justify seizure.
The voluntary dissolution Of the Ma
tional Packing Company. following the
acouittal at Chicago OF the beef packers
Of criminal violation Of the Sherman law
has accomplished. in the belief OK the At
torney General "a substantial restoration
of competitive conditions in very large
industry which have not for long time
heretofore existed.
--Obtections TO the Commerce Court, In
the Judgment OF Mr.. Wickersham' would
he met by legislation requiring the inter-
.,at. Commerce Commission to state In
O.. r.nort as a basis for its order. the
findings Of fact and the reasons on whicn
the order is based; providing that all
6ndIng of fact and conclusions OF policy
q nnearing in the report shall be final ana
conclusive, and limiting court review ex-
clusively to questions Of law arising upon
tho commissions report
uroes Commerce Court Review.
As a result OF the decision oil the 90.
nreme Court holding that the Comipel'.
Court has no power to review so-caie'
"r.eatiye' orders OF the Interstate com
rnerce Commission, the Attorney Generai
recommends that the law be amenoeo -
that the Commerce Court VIII nave Ju'''
diction to review all errors OF law IN re-
spect to orders OF the commission VIM"
deny relief to shippers or others JUS. %
the court now has power to review oioe's
granting relief. The practical result VI
-, .o.ont syt,,o tton he adds, Is tnut