The Hawaiian gazette., 1916-01-21


tel whether : proposed transacticn Is,
or is not in violation ~ the statute.
Such doubt as there Is, he further sta.
ted, VIII be greatly reduced ~ decis.
ions - the shipping pool case, the an.
thraeise coal cnses, the harvester case
the steel ease, and the United shoe Ma.
/ hnery ease, which are now pending in
the supreme court.
Doubtful ca e. s
This led TO the question AZ 70 tbe
policy OF the department as regards
we method Of enforcing the law in
those eases which are admittedly doubt.
fui,i On that point the attorney general
stated that where men have entered I'M
70 transaction, believing in good faith
that the transaction Is lawful one. and
snbsoquently, upon complaint made, the
department. reaches the conclusion that
the transaction was not in accordance
with the statute, IL has not been and
would not be, the policy of the depart
ment 70 invoke extreme penalties
Against them. In such ease the de-,
partment would consider that the lust
and quickest way Of enforcing the law
would be by a civil proceeding in which
the question involved could be contest
ed, or by notice Of the Department Z
conclnsion with opportunity to abandon
or modify the Transaction.
Business Reimbursement
In this copneetion the attention OF
the attorney general was called TO para.
graph II Of section 6 of the federal
trade commission law, which authorizes
the commission t'upoh application Of
the attorney-g general, to investigate
and to make Recommendation for
the REIMBURSEMENT Of the business Of any |
corporation alleged 20 be violating the
antitrust acts, In order that the cor, |
poration may thereafter maintain its |
management and conduct |
of business in aceordapee with law, . |
and he was. asked whether he could |
state what would be the policy of the |
department Of justice on invoking that
Speaking generally, he replied that
he did not understand that the provision
contemplated that he should refer TO |
the commission the question whether
the law had been violated in a given
ease, but rather questions Of the feast.
bIlity, adequacy or ACCESSIBILITY of pro-
posed remedies from a practical stand
Foint. Where questions of the latter sort
10 not arise, or where they arise in a
form which presents no difficulty, no
suppose would be served, of course, by
having the parties go over the same
ground before the commission that had
already been gone over before the de.
,artment.
Ready For Assistance
On the other hand, where in work
ng out the remedy in a particular ease,
lifiicult questions of business organiza-
ion and of finance shall be encountered,
I will be the desire and the policy Of
he department to seek the assistance
# the trade commission. o.. 49,. |
y" The discussion then turned to the
measures taken by the department to
'uard against prosecutions for which
here is no just ground. On this point
he attorney-general stated that no pro.
eeding is ever instituted until after
he most painstaking and exhaustive
of facts which il is posi-
he to make. As a part of this inquiry,
he person or corporation against whom
complaint is made, unless it has already
declared its attitude, IL given full OPP
to submit It's defense before
my action is takenS This is done, he
'ointed out, not only as matter of
Justice to those against whom com
'laints are made, but as a matter Of
prudence on the part of the department.,
or least of all has the department any
interest in instituting a suit which
hould subsequently turn out to be with
nut foundation. aBg s !.
= AS to its poliey,in cases where both
he department andrlthe federal trade
commission are charged with the en-
oreement of the Law, as under the Clay
on act, the attorneygen stated that
he department would, in general, be
,uided by the principle which governs
he federal and the state courts in cases
where they have concurrent jurisdie-
i'm. That is to say, in any such case,
( the federal trade commission were
he first TO exercise jurisdiction, the
department. Of Justice would await the
conclusion of the commissions proceed
ngs before taking any action, unless
pecial circumstances should dictate a
lifferent course. I" 49,. ....E !