The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-03-19
Current Comment.
THE FAILURE OF A LAW.

Two years ago last month twenty
seven owners and employees of the
National Cash.Register Company, in.
Guiding two lawyers, were convicted
at Cincinnati OF conspiracy and mo.
nopoly under the criminal clauses of
the Antitrust Act and sentenced TO
fines and imprisonmeiits. On Satur.
day the United States Court of .Ap-
peals for the Sixth Circuit set aside
the verdict and remanded the case for
a new trial.
as this was the most important an3
successful prosecution that has yet
been based on the theory OF personal
guilt, the judgment on appeal cannot
tail 10 raise again very seriously the
question whether business wrongs, nu
matter what their magnitude, can be
punished. For many years prosecut-
oTs would not prosecute. Then for a
time It was CLAIMED that juries would
not convict. Now in q case that seem.
ed very clear one OF the higher courts
finds insuperable obstacles in the way
Of effective action.
On the trial of the Cash.Register
people evidence was produced show.
ing that they controlled 95 per cent
Of the industry; that they habitually
resorted to bribery and intimidation;
that they harassed competitors in
many unlawful ways: that they main.
tained knockout mon" who persuaded
purchasers to repudlate contracts with
rival manufacturers, and that by
espionage, vexatious litigation of the
misuse of the patent laws they ter
rorized all who did not yield quickly to
their will.
So we'll satisfied was Judge HOLSTER
Of the guilt of the defendants that in
sentencing them he referred to their
acts an "despicable,"' mean" and
petty" as calculated to stifie legiti-
mate trade; as proceeding from a de-
sire for gain that led them to forget
everything else; and, asserting that
the government was strong enough to
protect its people from such methods,
he expressed the hope that the penal.
ties that he was about to inflict would
stand out as, warning to all who
were tempted thus to violate the law.
Although this case was prepared
under the eye OF so great lawyer
as George w. Wickersham, then at
torney general, the Court OF Appeals
now finds that II all or any OF the
offenses charged had been committed,
the statute Of limitations ran against
them; that the defendants were pho.
neers and business men OF great ca.
pacity, which facts alone were suffici-
ent to account for their success; that
there was no proof OF conspiracy and
no presumption Of. monopoly, and tnar
It Is not unlikely that the defendants
trade was "pirated" by some Of their
competitors.
Thus the higher court leaves hardly
a shred Of the elaborate Indictment
which two years ago was SO fully
sustained by the finding Of Judge and
Jury. There Is talk Of another trial,
but how can there be another trail
when the whole case, involving both
the law and the facts, is ripped wide
open? The Cash-Register gentlemen
appear to have been sorely oppressed.
There never was any reason to pro.
coed against them, and It may be that
they are entitled to some relief at the
hands of the public.
A notable law enacted by the con.
gress which recently expired has a
section intended hereafter to EN-.
phasize personal guilt. Evidently
there was urgent need OF such slegis.
lation, for. in view. OF Saturdays judy
ment, 1t Is no longer possible to accept
iunreseryedly Justice Holmes assers
ton that the Sherman law is q Grim.
inal statute. New York World.