The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-05
No Occasion to Amend the
Sherman Antitrust Act.
Declares Attorney General
WickerSham in Report.
DEFENDS COMMERCE COURT
Opposes Private Hearings in
Antitrust Suits.
Public the Real Parties in In-
tereSt, He Declares.

! Washington, Dec. 5.-The Sherman
antitrust law is proving its adequacy
as civil statute and there is no neces-
sity for the much discussed proposed
! amendment particularizing unlawful
practices in restraint of trade, accord
ing to George w. Wickersham, attor-
ney general of the United States, in his
annual report submitted to congress
today.
on the other hand, however, the
attorney general does not pass 1udg-
ment upon the efficacy of the anti
trust act as a criminal statute. He
merely says:
endeavoring to enforce criminal la
bility under the Sherman law has not
been encouraging" The attorney gen
eraI 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 in
furious to the interests OF the puDno
and delay the administration OF JUS
tice, 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 10
restrain which is co-extensive with
the evils against which the Sherman
law was enacted. The courts have
found no difficulty, he adds, in apply
ing the terms of the law to meet and
enjoin the continuance of any form or
unfair competition which has resulted
in imposing an undue restraint upon
interstate commerce or which makes
for monopoly.
No Amendment Necessary.
These DEGREES, the attorney general
continues, demonstrate that no amend
ment of the law in the direction of de-
claring the inegality 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-
nounced by the statute
''I am strongly of the opinion" says
Mr. WiclNersham, that the advocacy
of amendments of the law which shall
tuting unlawful restraints or attempts
at monopoly has its origin, not so
much with those who desire the en-
forcement of the law, as with those
who are anxious to secure a safe
means of its evasion. An enumeration
by statute of the different practices
-hich, in and of themselves, without
regard to the cir umstances of par
tcular cases, should be declared il
legal 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 Shoe Machinery
company, and asks for legislation ad-
mitting the public and representatives
of the press to such hearings
The decision, it appears to me-" con-
tinues Mr.. Wickersham, lis based upon
a manifest misconception of the nature
of the proceedings and the character of
the parties. When the government of
the United States is party to a suit.
and particularly to a suit brought
under the Sherman antitrust law to
prevent unlawful restraints upon inter-
state commerce or foreign commerce
essentially a matter affecting the pub
lic-all the people have legitimate in
terest in the proceeding and are en-
titled to know just what evidence is
being given and when it is given. The
public are the real parties to the suit"
Coffee Trust Suit.
The suit against the Coffee trust or
the Brazilian valorization scheme the
operations of which, the attorney gen
eral says has resulted in more than
the retail price of coffee to the
American consumer and thereby laying
a heavy tax upon him, has developed
what the attorney general regards as a
defect in the still operative section of
the Wilson tariff law dealing with COM
binations. Pointing to the fact that the
government was unable to secure a
temporary injunction restraining the
expectation of $4,000 bags of coffee,
said to be stored in New York city
under the valorization scheme, the at
torney general recommends the enact
ment of an amendment to the Wilson
law, authorizing the seizure by the
government in the state of entry of
imported for the purpose
Of unlawful combination. At present
such commodities must be in the course
Of interstate transportation to justify
seizure.
The voluntary dissolution of the Ma
hona1 Packing company, following the
acquittal at Chicago of the beef pack
ars of criminal violation of the Sherman
aw, has accomplished, in the belief Of
the attorney general, "a substantial
of competitive conditions in
a very large industry which have not
for long time heretofore existed"
Objections to the commerce court, In
the Judgment of Mr.. Wickersham,
would be met by legislation requiring
the Interstate Commerce commission to
state in its report, as a basis for its
order, the findings of fact and the
reasons on which the order is based.
that all finding of fact and
of policy appearing in the
report shall be final and conclusive:
and limiting court review exclusively to
questions of law arising upon the COM
MISSIONS report.
More Power to Commerce Court.
AS a result of the decision of the
court holding that the COM
,o-ca1led negative" orders of the
Interstate commerce commission, the
lttorney general recommends that the
aw be amended so that the COM