Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-03-23
THE ANTITRUST LAW
United States Court Of Appeals Knocks
IL All to S%mithereens.

United States Court OF Appeals NnoeNs
il All to Smithereens.
Two years ago last month twenty
seven owners and employees OF the Ma
tional Cash Register company, includ-
ing two lawyers. were convicted at
Cincinnati of conspiracy and monop-
oily under the criminal clauses OF the
antitrust act and sentenced to fines
and i~mprisonments. On Saturday the
United States court Of appeals for
the Sixth circuit set aside the verdict
and remanded the case for a new
trial.
AS this was the most important and
successful prosecution that has yet
been based on the theory OF personal
guilt, the judgment on appeal cannot
fail to raise again very seriously the
question whether business wrongs, no
matter what their magnitude, can be
punished. For many years prosecu-
tors would not prosecute. TOT
a time 1t was claimed that 1uries
would not convict. Now In q case
that seemed very clear one OF the
higher courts finds insuperable obsta-
| cles in the way Of effective action.
On the trial of the Cash Register
people, evidence was produced showing
that they controlled IS per cent OF
the industry, that they habitually re-
sorted to bribery and intimidation;
| that they harassed competitors In
many unlawful ways; that they main
tanned Knockout" men, who persuad-
ed purchasers to repudiate 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 well satisfied was Judge Hol-
lister of the guilt Of the defendants
| that in sentencing them he referred to
their acts as "~despicable," mean,
and petty" as calculated to stifie le-
gitimate trade; as proceeding from a
| desire for gain that led them to Tor
get everything else; and, asserting
that the government was strong
enough to protect its people from sucn
methods, he expressed the nope tnat
the penalties that he was abou TO
infict would stand out as q warning
to all who were tempted thus to vio-
late the law.
Although this cas- was prepared
under the eye Of so great q lawyer
as George W.. Wickersham, then at
torney general, the court Of appeals
now finds that II all or any Of the
effenses charged had been committed,
the statute Of limitations ran against
them; that the defendants were pio-
neers and business men OF great ca
pacity, which facts alone were suff1-
| cient to account for their success;
that there was no proof Of conspiracy
and no presumption Of monopoly, n
that 1t is not unlikely that the de-
PENDANTS trade was "pirated' by some
Of their competitors.
Thus the higher court leaves hardly
a shred Of the elaborate indictment
which two years g was 80 fully
sustained by the finding Of judge and
jury. There Is talk Of another trial.
but how can there be another trial
when the whole case, involving both
the law and the facts, Is ripped wide
open? The Cash Register gentlemen
appear t o have been sorely oppressed.
There never was any reason to pro-
coed against them, n 1t 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 empha-
size personal guilt. Evidently there
was urgent need of such legislation.
for, in view Of Saturdays judgment,
1t is no longer possible to accept UNI
reservedly Justice Holmes assertion
that the Sherman law Is a criminal
statute.