Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-12-05
ATTORNEY GENERAL
Continued From Page one.)

i've 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 imposing an undue re-
"s;raint upon interstate commerce or
makes for monopoly.
These DEGREES, the attorney gener-
al continues, demonstrate that no
amendment of the law in the direc.
tioa of declaring the illegally of par
ticular practices is necessary to
clothe the courts with full power to
prevent any and all acts which may
be employed to accomplish the ille-
gal purposes denounced by the stat
ute. .H.t
81 am strongly Of the opinion says
Mr.. Wickersham, that the advocacy
Of amendments Of the law which
shall %particularize different acts as
constituting unlawful restraints or at
tempts al monopoly has it's 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 enumera-
ton by statute Of the different Wac7
tees which, in and Of themselves,
without regard to the circumstances
of particular cases, should be declar.
ed illegal will be either gO\ too far
or not far enough.
Wants Open hearinu Held.
The attorney general takes issue
with the decision of 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 Machin-
cry company, and asks for legislation
admitting the public and representa-
lives OF the press to such hearings.
THE decision, it appears to me-"
continues Mr.. Wickersham, lis based
upon a manifest misconception of the
nature of the proceedings and the
character of the parties. When thu
government of the United States is
a party to a suit, and particularly to
a suit brought under the Sherman
antitrust law, to prevent unlawful
restraints upon interstate commerce
or foreign comnerce-essentially a
matter affecting the public-all the
people have a legitimate interest in
the proceeding and are entitled to
know just what evidence is being Civ
en- and when 1t is given. The public
are the real parties to the suit,
Wants Wilson Law Amended.
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 cof-
fee to the American consumer and
thereby laying a heavy tax upon him,
has! developed what the attorney gen
eral regards as a defect in the still
; operative section Of the Wilson tar
if law dealing with combinations.
Pointing to the fact that the govern
ment was unable to secure a temper
airy injunction restraining the export
alton Of 100000 bags OF coffee, said to
be stored in New York City under the
v%alorization scheme, the attorney gen.
eral# recommends the enactment Of an
amendment to the Wilson Law, author
izing the seizure by the government
in the state OF entry Of merchandise
imported for the purposes of unlawful
combination. At present such com
modities must be in the course OF In
terstate transportation to justify seiz-
ure, M
The voluntary dissolution of the
National Packing company, following
the acquittal at Chicago of the beef
packers of criminal violation OF the
Sherman law, has accomplished, In
the belief of the attorney general,
"a substantial restoration Of compel
itive conditions in a very large indus
try which have not for a long time
heretofore existed" 49,
More Jurisdiction for Commerce Court
Objections to the commerce court
in the Judgment of Mr.. Wickersham,
would be met by legislation requiring
the interstate commerce commission
to state in it's report, as a basis for
its older, the findings of fact and the
reasons on which the order is based;
providing that all finding Of fact and
conclusions OF policy appearing in
the report shall be final and sconclus-
live; and limiting court review exclus-
lively to questions of law arising up
on the commissions report. sil
AS a result OF the decision Of the
supreme court holding that the com.
merce court has no power to review