Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-12-05
Adequate as a Civil Statute
Declares Mr.. Wickersham in
Annual Report Submitted
to Congress Today.
EFFECT IN CRIMINAL
PROSECUTION DUBIOUS
COuntry's Chief Law Officer
Warmly Defends Commerce
Court and Says Return TO
Old Methods Would Be In
furious.
my Leased wise 60 EVsnlnG Hsrslal

tby Leased Wire 60 EVenIna HrrsIa1
Washington, Dec, The sherman
antitrust law Ii proving H. adequacy
go a civil statute aud there Is no ne
costly Tor the much discussed pro
pu,'d amendment particuldviZIug I'M
in' IN practices In restraint nf trade,
according Ia George w wickeTshHm,
4uuTnuy. general uf the United States,
H. his annual report submitted to COM
Rrcss today.
ON the other hand however, tho
attorney general docs not pass judg-
mcnt upon the efficiency OF the anti
trust act AZ criminal statute. lie
merely says:
The experience of the last year In
undcavOring tu enforce criminal lla-
hility under the sherman law has not
been encouraging The attorney
general defends the commerce court,
the abolition OF which was attempted
at the last scssion'of congress. a re-
turn To- the old method of distribut-
Ing litigation arising from the orders
uf the Interstate commerce commits
sion To the district courts would bc In
furious To the interests VI the public
anu htlhN Nllt uuIillnlNtIhllOH OF JUS
tice says MIR. Wlckersham.
Drawing conclusions from the de-
Crees Of dissolution and injunction
which already have been entered un-
der the sherman law. Mr.. Wicker
sham maintains that the federal
courts are exercising IN equity suits n
power 10 restrain which IL cu-rXtcn-
sive with the evils against which tho
Sherman iaw 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-
Straint upon Interstate commerce OF
which makes for monopoly.
= These dccrecss the attorney general
continues, demonstrate that nc
amendment 81 the law ir the dlrcc-
ton of declaring the lllcgallty Of par
iicular practices N necessary 10
Clnthc the courts with fun power tO
prevent any and All nets which may
De- employed to accomplish the illegal
purposes denounced by the statute.
- am strongly Of the opinion"
says Mr. WickcrshHm. that the adj
NoCaCy Of amendments of the law
which shall pnrticularize different
acts AZ constituting unlawful re-
str0ints or attempts at monopoly has
it's origin, not ~ much with those
who desire the enforcement of the
law AZ with those who are anxious a.
secure Il safe Means Of lts evasion
An enumeration by salute Of the dlf-
f"rcnt practices which. In and OF
themselves, without regard u the cir
"umstHnces of particular cases, should
hc declared Illegal will either 20 toe
far oT not far enough"
The attorney general takes Issue
win the decision Of the Judges Colt
Putnam and Brown az Boston. au'
thnrI2ing the hearing in private be-
fore AN examiner Of the civil anti
trust Euit against the United states
Shoe Machinery COMPANY and ask
for legislation admitting the public
and Representatives Of the press q
such hearings.
THE decision. II appears 10 me.
continues MIR. Wlckersham. lis baset
upon a manifest mlsconccptlon OF tIII
nature OF the proceedings and tn,
character Of the parties, when th'
government Of the United States Is
party tn n suit, ana particularly To {
suit brought under tho sherman anti
trust law, Ia prevent unlawful re