Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-12-05
my AssocIated Press,


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-
larizing unlawful practices in re-
straint of trade, according to Geo. w.
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 a criminal statute. He
merely says:
The experience of the last year
in endeavoring to enforce criminal
liability under the Sherman law has
not been encouraging" The attorney
general defends the commerce court.
the abolition of which was attempt.
ed at the last session OF congress.
A return to the old method Of dis
tributing litigation arising from the
orders of the interstate commerce
commission to the district courts
would be injurious to the interests
of the public and delay the admins
tration of justice, says Wickersham
Drawing conclusions from the de
erees of dissolution and injunction
which already have been entered
under the Sherman law, Mr.. Wicker
sham maintains that the federal
courts are exercising in equity suits
a power to restrain which is co-exten.
sive 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 contnu
ance of any form of unfair compe
tition which has resulted in imposins
an undue restraint upon interstat,
commerce or which makes for monop
oily.
These DEGREES. the attorney genera
continues, demonstrates that NJ
amendment of the law in the direc
j tion of declaring the illegality d
z particular practices is necessary t
clothe the courts with full power tC
prevent any and all acts which may
be employed to accomplish the illega
purposes denounced by the statute
Il am strongly of the opinion,
says Wickersham. that the advocac,
of amendments of the law whicl
shall particularize different acts al
constituting unlawful restraints or al
tempts at monopoly has its origin
not so much with those who desr
the enforcement of the law, as wit
those who are anxious to secure
safe means of it's evasion. An enun
Grafton by statute of the differer
practices which, in and of themselves
without regard TO the circumstance
of particular cases. should be d.
clared- illegal will either go too ia
or not far enough"
The voluntary dissolution OF tn
National Packing company, follow
ing the acquittal at Chicago Of tn
beef packers of criminal yiolatio
Of the Sherman law. has accomplish
ed. in the belief of the attorney gel
eral, "a substantial restoration (
competitive conditions in a very lars
industry which have not for a lor
s time heretofore existed"
r Objections to the commerce eou
I in the Judgment OF Wickershal
/ | would be met by legislation requiril
+ the interstate commerce commissit
; to state in its report. as basis f
5 its order. the findings of fact al
; | the reasons on which the order
based. providing that all finding
: 'act and conclusions Of policy apes
/. ing in the report shall be final al
) conclusive. and limiting court revie
exclusively TO questions of law ar
ing upon the commission report.
O As result OF the decision Of &
{ supreme court holding that the co
: merce court has no power to revi'
4 SO called negative orders OF [
i interstate commerce commission,
! lattorney general recommends that {
II law be amended so that the co
/. merce court will have iurisdieti
d to review an errors Of law in resps
> 10 orders ol The commission whi
Il deny relief TO shippers or others. d
AZ the court nos has power TO
: view orders granting relief I
x practical result OF the present stu
.v tioh. he adds, Is that relief aeail
\ Ierrors Of las by the commission
h limited 20 the railroads and dem
4 10 the shippers
n The a5lWHes general announces
y intention 81 soon ililuw suits in egn
Iagainsf the Southern Pacific kailrt
r. company aud others ier the fecefi
4 nf vast AREA of petroleum bear
\ lands m California said to b. We
"a s5HHpan nas The legislation uai
81 which the patents Wefp .faniea
I'd the raiiruad company be SAYS fxes
NJ "a mineral iaudg otaef than iron
- coal lands The railroad COMPS
- contends aecufd.nk 81 the alfaHi
~ general that the exceptions la
a t4afaHfa sHN rNtt
~ 90 investigate and pFessfsc
Is fIshfa af the eafenu,sut %
sn snurces 81 water supply Coz iae
Is reHtnus FetiamaiiHH pfoieriH {
aa airucted 81 IA congamplai ~