El Paso herald. (El Paso, Tex.) 1901-1931, 1912-12-05
WICKERsHAM SAYS
SHERMAN LAW GOOD
Attorney General Declares
Antitrust Measure is
Proving Adequate.

Washington, D. c, December s.
That the Sherman anti turst law is
proving its adequacy as a civil statute
and there is no necessity for TIE much
discussed proposed amendment par
! ticularizing unlawful practices in re-
straint Of trade, is the substance Of
the report OF George ". Wickersham,
attorney general OF the United States,
submitted in congress today.
The attorney general defends the
| commerce court, the abolition of which
was attempted at the last session OF
I congress. A return to the old method
Of distributing litigation arising from
the orders of the interstate comm
commission to the district courts
would be injurious to the interests of
, the public and delay the administra-
ton Of justice, says Mr.. W1ckersham.
Drawing conclusions from the de-
crees Of dissolution and Injunction
which already have been entered IN
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 en-
join the continuance of any form Of
unfair competition which has re-
suited in imposing an undue restraint
upon interstate commerce or which
These DEGREES, the attorney general
continues, demonstrate that no
amendment Of the law in the direction
of declaring the illegality of particu-
lar practices is necessary to clothe
the courts with full power to prevent
any and all acts which may be en-
plOyed to accomplish the Illegal pur-
poses denounced by the statute.
4 am strongly of the opinion
says Mr. Wickersham, that the ad-
vocacy Of amendments of the law
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 a
safe means OF its evasion An enum-
Grafton by statute Of the different
practices which, in and of themselves,
without regard to the circumstances
Of particular cases, should be declared
illegal viii either go too far or not
far enough"
Cites Coffee Trust Suits.
The suit against the coffee trust"
or the Brazilian valorization scheme,
the operations of which, the attorney
general says has resulted in more than
doubling the retail price of coffee to
the american consumer, thereby laying
a heavy tax upon him, has developed
what the attorney general regards as
defect in the still operative section
Of the Wilson tariff law dealing with
that the government was unable to
secure a temporary injunction restrain
ing the expectation Of 800 600 bags OF |
coffee, said to be stored in New York |
City under the valorization scheme. !
the attorney general recommends the |
enactment Of an amendment to the !
Wilson law, authorizing the seizure
by the government in the state of en-
try Of merchandise imported for the |
purposes of unlawful combination.
n
uonal Packing company, following the |
acqu1ttal at Chicago Of the beef pack |
ers Of criminal violation of the Sher-
man law, has accomplished, in the be-
lief OF the attorney general "a SUBJ
stantal restoration of competitive /
conditions IN a very, large industry /
which have not for a long time here /
tofOre existed
May Sue Railroad For Lands.
The attorney general announces his /
intention Of soon filing suits in equity 1
against the Southern Pacific Railroad ]
company and others for the recovery
OF vast areas of petroleum bearing J
lands IN California said to be worth /
more than 100000. 600. The Iegisla- I
ton under which the patents were (
granted TO the railroad company he 4
says excepted mineral lands other /
than iron and coal lands The rail- 1
road company contends, according to /
the attorney general, that the excep- !
tons in the patents are void
TIE department Of justice, including
the, offices Of the attorney. general and !
all the United States attorneys, has !
been on paying basis during presi- /
dents Tafts term of office accord !
ing to figures submitted in the report 1
a surplus Of nearly s2,50O,000 over ex-
penses having been turned into the
federal treasury. For the four years |
ended June 80, last, the department |
collected S11,212,959 through suits and /
compromises and expended SS,756, 565. |
The collections for the preceding four /
years amounted to s3,597,442 and ex- 4
penses S6,366,79S. In addition. the
government recovered during the past /
tour years 1,623,1l9 acres of public /
lands.