The patriot. [volume] (Indiana, Pa.) 1914-1955, 1915-06-19
DECISION BLOW
TO GOVERNMENT
Cash Register Company Wins
In Supreme Court
CRIMINAL STATUS AFFECTED

Lower Courts Reversal of ConVic-
tons Will Not Be Reviewed-West
Virginia Ordered to Pay Virginia
393,ooo-Dry Territory Not Pro
tected BY the Webb-kenyon Law,
Court Decides.
Washington, June 15.-The reversal
by the Sixth United States circuit
court OF appeals OF the conviction OF
the National Cash Register company
will stand. The supreme court has
declined to review the case. The OIL
cials, 1t waS alleged by the govern
ment, Violated the provisions Of the
sherman antitrust law.
By the decision the government lost
the most important criminal prosecu
ton that has yet come TO trial under
the Sherman law and what was re-
garded by former Attorney General
Wickersham and Attorney General
Gregory rs probably the most far
reaching suit OF its kind In the gov
ernment's long list of prosecutions OF
trusts"
The circuit court reversed the con-
victions Of President John H. Patter
son and other officers of the National
Cash Register company, which carried
Jail sentences, although it did not
deny the government the right to pro-
ceed in some other way. The convict
Cd nfY jolc
court had no Jurisdiction to review
the action of the court which had up
set the lower court verdicts.
The gov rnment case contained
many sensational allegations of unfair
competition and monopoly and in its
view, referred to the defendants as
"steeped in deliberate guilt"
Department of justice officials made
no secret that they considered the eff
ficacy of the criminal section of the
Sherman law at stake.
Officials of the department of jus
tice stated after the courts announce
ment that nothing remained but for
the government to proceed in the
lower court. 1t may ask to have the
case dismissed or press for a second
trial in the district court
The supreme court disposed of the
sO-called Kentucky Webb-Kenyon
liquor cases without determining the
constitutiorality of the Webb Kenyon
law or passing on its construction.
The Kentucky case was a prosecu-
ton of the Adams Express company
for bringing liquor for personal use
from Tennessee into Whitley county,
KY, dry territory.
Justice Day for the court held it
was bound to accept the decision Oi
the Kentucky court Of appeals, the
the Webb-Kenyon law was not applies
bic. Under that decision the convic-
tiOn Of the express firm was set aside.
The court held that West Virginia
must pay $4,215,O00 as her share of
debts owed by Virginia prior to separ-
alton from the mother state during
the Civil war and that West Virginia
must also pay interest on that amount.
The interest amounts to $8175,000.
he COulIdCJ UuueI WHICH lU6 SJdL6S
were separated provided that WEST
Virginia should assume her Reputable
proportion of the public debt" Many
exceptions were filed by the two
states. West Virginia tried to make
the claim that interest should run only
from the date when the separate /
actually became effective. July l.
1863, instead OF the date of the agree
ment, Jan. /, 1861, but the supreme
court upheld the master.
The c~u-- approved the finding tha,
Wcet Ni~r.@ta vas entitled 70 credits
amov0-f~~ 20 s4.313.000, which rcpr--
senra --. enhancement fr value OF
ho~G= ~.5 securities and the interest
and Other appreciation Ct the sinking
fund held by the old state o5 T.~gfr',
TO Day the public deb The state a.
Virginia wanted 70 Shut out the Of.
spring fro~ participation in any 30
he Increment that followed the sep,
aTati0n.