The Bridgeport times and evening farmer., 1919-07-31
ATTY, CRAWFORD
 COMMENTS ON
 FAILURE TO SUE
Believes Success Would Re sult-Ice Necessity Under
 National Defence Act.

New Haven, July 31.---Comme enting on the communication of IT. $. Dis trict Attorney Crosby on the ice sit uation Attorney George w Crawford who conducted the New Haven inves- tigation had the following to say: "'rhe work of the aldermanic com 1nittee ended with its report. That report takes care to put up to the Irproper officers of the law the resPon- sibility of determining whether there should be prosecutions for the con- duct 1t describes and cr1ticfzes. The ] district attorney has decided contrary 1 to the Judgment of the committee, and Is well within his rights in so do- ing. He does not state in what par i ticular respects the case against the
 ice combine Is defective from the standpoint of federal prosecution, ex- i cept as to the possible application of the National Defense act. As to the l latter, he makes the point that its ! terms are confined to food, feeds and fuel, obviously excluding ice, except,
 under a construction too strained to | be useful
 | "I do not quite see how the dis | trict attorney reaches this conclusion. | The portion of the act applicable to 1 the ice situation is that which makes ! 1t unlawful to monopolize, either To- 1 cally or generally, any necessaries; to engage in any discriminatory and un- ] fair, any deceptive or wasteful practice or device, or to make any
 unjust or unreasonable rate or charge, i in handling or dealing in or with any
 necessaries; to conspire, com bine, agree or arrange with any other per- 1 son, (a) to limit the facilities for 1 transporting, producing, harvesting, manufacturing, supplying, storing, or dealing in any necessaries; (b) to re- strict the supply of any necessaries; or | to aid or abet the doing of any act | made unlawful by this section.
 l The courts have held over and
 over again that ice in the modern l community is so much of a neces- l sary' that even the common law rules against forestalling and expressing
 victuals, apply to it's sale and distribu-
 ton.
 MT. Crosby's statement concern l ing the applicability of the regular antitrust statute, Is too general to | admit of a particular rejoinder. In | deed, I doubt the wisdom, not to say l the good taste of any appearance Of | controversy between our committee and the prosecuting officers to whom we sent transcripts of the evidence. Of course, we are quite naturally disappointed at the decision of the
 district attorney.
 T have been informed that the
 special federal investigator, who con-
 ducted the 1917 inquiry was firmly of
 the opinion that even that year there
 was @ good federal case. The testi-
 mony before our committee went far
 beyond that given in the 1917 in-
 vestigation. One almost regrets that
 the doubts should be resolved in fa-
 vor of those engaged in practices of the sort brought out before our com
 lnfttee. Much can be said in justif- cation of letting tEe courts have a chance at the question of the legality
 of such conduct. This implies no
 criticism of the district attorney, who is both able and conscientious. There can, of course, be no question but that his conclusions as stated in his 1 letters represent his honest judg- ment on the evidence"