Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-01-10
Attorney General Explains
Policy of Department Of
Justice to National Cham
bers of Commerce.
EFFORT is MADE TO
PROTECT BUSINESS
Act, in Its Severity, Invoked
Only When II Is Shown
That Intent Has Been to
Violate Statute.


Washington, Jan. 9.--Thc policy OF
the department of justice In the en-
forccment in the antitrust laws is
outlined ut length in % statement
made public tonight by the Chamber
Of Commerce of the United states,
announcing the result of several con-
ferences between Attorney General
Gregory and a committee of the or
ganization.
The outline, which was submitted TO
and approved by the attorney general,
Is prefaced by an explanation that the
chamber has constantly been present
cd with inquiries with regard to the
relationship that might be established
between the federal trade commission
and the department. and with re-
quests for information as to the gov
crnmonts attitude in future anti
trust proceedings. The attorney gem
eral was told, the statement says, that
an expression from him might be re-
sardcd as reassuring to the public
mind and might dispel some of the
uncertainty which heretofore existed" :"
The statement In part follows
BY way of introduction the attor-
ney general expressed the view that
much of the misunderstanding that
now exists in some quarters in rela-
ton to the Sherman act is due to the
fact that in the minds of many it has
come to be thought of as a statute
apart from the general body OF laws.
This, he pointed out Is not the case.
On the contrary, tho Sherman act Is
enforced by the department of justice
IN the same manner and according 10
the same rules of policy as other stat
utes--with the same care and with
neither more nor less rigor. Plain or
Intentional violations are proceeded
against as vigorously as under other
statutes When, as with all statutes,
doubtful cases arise in which there
was no intent 10 violate the law, they
are dealt with just as similar eases un-
Der other statutes are dealt with. that
Is, with view of enforcing strict
compliance with the law, hut without
unnecessarily stlgmatizlng or unneces-
sarly burdening with litigation per-
sons who have been honestly mistak
en- as to the law and who stand ready
TO rectlfy their mistake.
-Four points were then taken UP:
First: The complaint that the law
Is uncertain.
Second; The policy of the de-
partment of justice as regards the
method of enforcing the law In ad-
mlttedly doubtful cases.
Third; The policy of the depart
ment in cases where 1t and the fed
erai trade commission are both
charged with the enforcement Of tho
law.
Concerning the first point the at
torney general stated that while con-
cededly there Is in the law of re-
stralnt Of trade an era of doubt, In
the vast majority of cases II Is not
difficult to tell whether n proposed
transaction is or is not violation of
the statute
Gases Of Misunderstanding.
"On the question as TO the policy
OF the department as regards the
method Of enforcing the law in those
cases which are admittedly doubtful,
the attorney general stated that
where men have entered into a trans
action believing in good faith that
tho transaction Is a lawful one. and
subsequently upon complaint made, !
The department reaches the cOnclu- !
SION that the transaction was not in |
accordance with the statute. it has
not been and will not be the policy |
OF the department to invoke extreme !
penalties against them. In such a |
that the just and quickest way of en- |
forcing the law would be by a civil !
proceeding in which the question in !,
volyed could be contested or con-
sent decree entered or by a notice |
Of the departments conclusion with |
opportunity to abandon or modify |
me transaction.
Wherein working out the remedy /
IN a particular case difficult ques-
tons of business organization and of
finance shall be encountered, 1t Will
be the desire and the policy of the /
department. to seek the assistance of
the trade commission.
When Grounds Are Unjust.
The discussion then turned to the
measures taken by the department.
10 guard against prosecutions for
which there is not just ground. on
tnis point the attorney general stated
That no proceeding is ever instituted
until the most panstaking and ex-
haustve investigation of the facts
which it is possible to maks. AS
part OF this inquiry the person or
corporation against whom complaint
Is made, unless it has already declar-
ed its attitude, is given full opportun-
ity to submit its defense before any
action is taken. This is done, he
pointed out, not only as a matter of
Justice TO those against whom COM
plants are made. but as q matter Of
prudence on the part of the depart
men;, for least of all has the depart
ment any interest in instituting a suit
which should subsequently turn out
10 he without foundation.
AS to its policy in cases where
both the department and the federal
trade commission are charged with
me enforcement of the law as under
me Clayton act. the attorney general
stated that the department would, in !
general, be guided by the principle