The Birmingham age-herald., 1917-04-27
HENEY WOULD HAVE SAVED PUBLISHERS HUGE SUM OF MONEY
California Mans Plan Was Turned Down and At tempt at Conviction
 Will Follow
By HuGH ". ROBERTS

Washington, April 26.-(special) Francis j. Heney of California, fight ing Irishman and nation-wide proseou- tor, has in view of his reputation and his professional calling, particularly strange motto.
 Expressed in ordinary language. that motto is. "A propensity for criminal prosecution is too often puerile.' By this he simply means that shrewd prosecuting attorney may gain more through argument reinforced by a sus- gestion of fear than by ap undisguised attempt to send the guilty the peni- tentiary.
 It is herewith made public for the first time that MT. Heney strongly op- posed the plan of the Attorney General to prosecute the manufacturers of news print paper, who, it is believed and generally charged, entered into a combination. either through premedi- tation or accident, to demand the last blood drop from the veins of news paper owners.
 THE PRESENT SITUATION
 The Attorney General did not take the advlce of the, attorney whom the trade commission employed to brin.s the manufacturers toNterms and who had successfully arranged plan whereby the manufacturers had signed an agreement to surrender and there- by avoid prosecution. When the At torney General declined to follow the advice of MT. Heney the terms of sur render were thereby vitiated and made void. As a result:
 1. A number of the manufacturers were indicted on an alleged violation of the Sherman antitrust act
 ?. The manufacturers were relieved of their agreement to sell print paper to newspapers at 2.50 cents per pound and permitted, in consequence, to de- wand the fulfillment of existing con tracts in which rates ranged from 2oG fD cents.
 3. Newspapers, promised by the sur render of manufacturers a certain saw ing of S3,4S0,O 900 and probably s5,ooe.- 900 per annum, are subjected to the uncertain mercy of the manufacturers until the suits institpted by the gov ernment are perInssaentlv settled
 s5,OO0, GOO EVAPORATES
 Prior to the determination of the government to prosecute. MT. Heney had confronted the manufacturers with sufficient proof of their sins to con vince them that prosecution might re- suit most seriously.
 At any rate. wo-thirds of the manu- lecturers agreed to cancel existing contracts and sell newspapers at a rate of 2.50. The other third did not de- cline to sign the agreement, but asked &or an opportunity to consult their as- sociates.
 The agreement with two- thirds of the manufacturers promised a saving to newspapers of $S.430.00o. Had the other third signed-and that they would have done so is regarded as cer- tain-the estimated saving would have been S5,000,000 per annum,
 Had the agreement been approved, prosecution would not have been con- sidered. But the Attorney General in- sisted on prosecution.
 THE PUNY FINES
 As a result. the manufacturers their solidarity destroyed by the incidents leading up to the agreement, have rushed together in faternal spirit tc pool their wits and assets to defeat the government suits. There is no question but that an appeal will b4 taly from inc first yer1ict xyI,a tever