Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-12-07
ATTORNEY GENERAL
W|CKERSHAM FILES
HIS ANNUAL REPORT
Wants Department of Justice
to Garry On Its Litigation.
MONEY TRUST YET
TO BE PROSECUTED

IL DE fhO>EtJlIE ED
Nearly ss,ooo,ooo Collected During
Fiscal Year as Result of smts-su-
preme Court Commended for De.
eision Against Standard Oil and To-
baeoo Company.
WASHINGTON Dec. IA demand
for legislation permitting the Depart
mont of Justice to carry on its litiga.
ton against the United States Shoe
Machinery Company and the so-calIed
Coffee Trust was the most important
measure advocated by Attorney Gen
eral Wickersham in his annual report
which was read in both houses of
Congress today. In addition to this
trust legislation, announcement was
made of a second procedure against
the Lehigh Valley coal and railroad
companies at an early date
Strong commentator of the recent
decisions of the Supreme Court in the
cases of the Standard Oil Company
and the American Tobacco Company
was also contained in the Attorney
Generals report. He stated that in
his opinion no additional legislation
10 limit and define the Sherman Anti
Trust Act was needed. With regard to
criminal prosecution under this law
however, Mr.. Wickersham was of the
opinion that the Government suits
against trust officials during the past
year We're far from encouraging.
The Attorney General reported that
thare was collected and paid into the
Treasury OF the United States, as a
result of suits brought, or compromis-
rs effected during the fiscal year. the
gum of $2.01S,93399, besides $730,136..
16 collected by the Solicitor Of the
Treasury in compromise claims not in
suit. making an aggregate total of &c.
749,070 Is. During the past fiscal
year, says the report, 3242 civil cas-
es. to which the United States was .
party, and 16,15S criminal prosecu-
lions, were disposed of in the circuit
and district courts, and 1,212 cases in
the court of claims.
Reviewing these figures and refer
ring to the efficacy of the Sherman
law. the Attorney General said:
# ain strongly of the opinion that
the advocacy Of amendments to the
Sherman Anti Trust Law, which shall
particulari4e different acts as consti-
tuting unlawful restraints of trade
has its origin not so much with those
who deaife its enforcement as with
those who desire to secure means
of evading it,"
The offices performed by the Com
merce Court were highly commended
by Attorney General Wickersham.
With regard to this subject he said:
"In my opinion the Commerce Court
has proved a far more satisfactory in
strument for the determination of le-
gal questions arising out of the or
ders of the Interstate Commerce Com
mission than the former method by
which such questions We're passed up,
on in the various Circuit Courts
throughout the country.
1T is much more expeditions; IT
has upheld the commission in lar
ger portion of cases than did either
the Circuit Courts or the Supreme
Courts; and it has granted temporary
injunctions with less freedom than
the circuit courts did. believe il
would be very injurious TO the 'n,er-
ests of the public as well as to the
due, convenient and expeditions ad
ministration of justice 10 now return
to the old plan of distributing the liti
cation among the many districts courts
of the United States. In my opinion
the criticisms which have been made
of the Commerce Court are due chiefly
to the fact that the scope OF judicial
review over the orders of the commits
sion has not yet been clearly defined
either by act of Congress or by the
authoritative decisions of the Supreme
Court"
The Attorney General advocated
the enactment of laws defining this
scope of judicial review.
In that section OF the report devot-
ed to the National Banking Laws the
Acknowledgement stated that there has
been an appreciate falling off OF
criminal violations of the National
Banking Laws reported 10 the De
partment of Justice by national bank
examiners during the past fiscal year
He said.
In my judgement this has been lar
gely due to the deterrant effect OF
the numerous convictions of the fail-
ing bank Officers which have been Sc
cured in the past few years through