The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-12-05
DEPARTMENT is NOW
ON A PAYING BASIS
During President Taft's Term Of Or.
fiee' as Shown BY Figures Submit.
ted Surplus Of Nearly s2,5oo, 900 Has
seen Turned Into the Treasury.
by Associated Press.)

washington, Dec. 5.-The Sherman
antitrust law is proving it's adequacy
as a 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. Wickersharr,.
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 iudg-
ment upon the efficacy of the anti
trust act as criminal statute. He
merely says:
The experience of the last year in
endeavoring to enforce criminal liabil-
ity under the Sherman law has not
been encouraging The Attorney Cen
eral defends the commerce court the
abolition of which was attempted at
the last session Of Congress. A re-
turn to the old method of distributing
litigation arising from the orders of
the interstate commerce commission
to the district courts would be iniur-
ious 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 entered 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 i'm
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 illegality 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 illegal purposes de-
y,Ounood bvr CT tt,fa
II 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 restraints or attempts
at monopoly has its origin, not so much
with those who desire the enforce
ment offthe law, as with those who
are anxious to secure a safe means of
its evasion. An enumeration by stat
ute of the different practices which,
in and of themselves, without regard
to the circumstances of particular
cases, should be 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, author
izing the hearing in private before an
examiner of the civil antitrust suit
against the United States Machinery
Company, and asks for legislation ad-
mitting 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 lis q
party to a suit, and particularly to a
suit brought under the Sherman anti
trust law, to prevent unlawful re-
straints upon interstate commerce or
foreign commerce a mat
ter affecting the public-all the peo-
pie have a legitimate interest In the
proceeding and are entitled ito know
Just what evidence is being given and
when it is given. The public arefthe
real parties to the snit.
The suit against the "eoffeH Nnst"
(Continued on Page F1veJ