Newark evening star and Newark advertiser., 1912-12-05
SHERMAN LAW 0. K.
AS CIVIL STATUTE
Wickersham Does Not, HOw-
ever, Pass Judgment on Act
as Criminal Measure.
DEFENDS COMMERCE COURT
IN REPORT TO CONGRESS
Attorney-GeneraI Takes Issue
With Suit Against Machin-
cry Company.

WASHINGTON, Dec. 5.--The Sher-
man antitrust law is proving its
adequacy as civil statute, and there
is no necessity for the much-dis-
cussed proposed amendment particu-
iarizing unlawful practises in re-
straint of trade, according to George
w. Wiokersham, attorney general Of
the United States, in hishannual re-
port submitted to Congress- today.
On the other hand, however. the at.
torney-generai does not pass judg-
nent 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 lia-
bility under the Sherman law has not
been encouraging"
The attorney general defends the
Commerce Court, the abolition of
which was attempted at the last ses-
sion Of Congress. A return to the old
method of distributing litigation aris-
ing 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 of justice, says Mr..
Wickersham.
No Amendment Needed.
Drawing conclusions from the de-
crees of dissolution and injunction
which already have been entered un-
der the Sherman law, Mr.. Wicker
sham maintains that the Fedora
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 to meet and enjoin the continu-
ance of any form of unfair compe-
tition which has resulted in imposing
an undue restraint upon interstate
commerce or which makes for mo-
nopoly.
These DEGREES, the attorney general
continues. demonstrates that no
amendment of the law In the direc-
tion OF declaring the illegality of par
ticular practises is necessary to
clothe the courts with full power to
prevent any and all acts which may
be employed to accomplish the illegal
purposes denounced by the statute.
Il am strongly Of the opinion" says
MIR. Wickersham, that the advocacy
of amendments of the fAw which
shall particularize different acts as
constituting unlawful restraints 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 O
safe means of it's evasion. An EMU
meration by statute of the different
practises which, In and of themselves,
without regard to the circumstances
of particular cases, should be de-
clared Illegal will either go too far or
not far enough
Wants Public Hearings.
The attorney-general takes issue
with the decision of Judges Colt Put
uam and Brown, at Boston, authoriz-
ing the hearing in private before an
examiner of the civil antitrust suit
against the United Shoe Machinery
Company. and asss Ia giF
admitting the public and representa-
lives of the press to such hearings.
The suit against the coffee trust
or the Brazilian valorization scheme,
The operations of which the attorney
general says has resulted in more
han doubling the retail price of