The evening world., 1920-03-03
Department of Justice Sees
Great Difficulty in Future
Trust Prosecutions.
CONGRESS is CRITICAL.
Forgiveness of Past OffenseS
Suggests Other Laws Might
Be Nullified.
By Dapid Laurence.

WORLDLY
WARRINGTON. March 8 Copy
right. Is2O).-Fsw decisions Of the
Supreme Court Of the United States
have had such q demOralIzing effect
o. the prosecuting branch Of the
Government as the verdict which
Esve tho United States Steel corpO-
ratioE q clean bill Of health as
eSod trust
offioial Warrington is Just begin
nlnS 70 realize the stunning blow
which has been delivered to the De-
Dartment Of Justice and incidentally
- Congress which had thought the
BhsEmAn Antitrust Law was the
weapon with which monopoly and
unfair competition might be sue
otHSfuIly fought
what good h the sherman law
aOs; what u ne use Of trying to ~
any further: what can Do accom-
pliahed by prosecution o6 Hlogality IL
the Supreme Court can uss its dis
crOtaOn tn saying whether or not a
law GhAn be enfOrcod?" These and
ulnalAF qunEtions are being asked by
the lawyers in Government cases in
sva0w of the Supreme Courts action In
tlso Steel cases.
n must not be forgotten that an
0ther factor enters into the disappOint-
ment naturally felt In Department OF
Justice circles The decision Of the
Court vas four to three Justices Day,
Clarke and Pitnsy dissented and
v-asaiA have been able to change the
entire decision u Justices 1randeIs
and MeReynOlds had not been tech
nicaliy disqualified from voting be-
cause they had participated In the
Steel. cass before It was tried. Mr..
MdReynofds was Attorney General
and prosecuted the Steel cases. Or.
Brandeds appeared bOfore Congress
aional committees and wrote exten-
slveiy against the Steel corporation.
% II 10 an open secret that five
Justices are in favor Of Furnishing
the Steel corporation as against the
fOnr who would exonorate the COM
panY from penalty.
TINS accident. however. is not cauB-
ing % much concern as the eject
on other cases and .he prosecution
Of monopoly.
OPPOSITION TO SIZE or 6USi-
NESS DENIED.
omclals at the Department Of Jus
tioo say. for instance. their position
has been misrepresented as one OF
exposition to the mere bigness of
business. They declare emphatioally
that there Is no objection to the size
OF corporations but TO their monopo-
l.etlc practices which prevent others
from enjoying freedom OF opportunity
IN America
But Il In the famous "r1lle Of rea-
som which fundamentally comes In
for attack by the critics OF the de-
cision- II Is contended that the bust
nees of the Supreme Court should be
merely TO cay whether the law has
been violated. n Is up to Congress
to dehne what Is a good or a bad
trust.
II the Sherman Antitrust Law Is
inadequate. the probabilities are that
one OF the political parties win insist
on a moro drastic statute to reach
tnonOpolies. For this year the anon
naly 10 presented OF the Government
of the United States using the power
OF injunction to make coal miners 60
back TO work and a decision Of the
supreme Court wlIiOh enonerates the
Steel Corporation from punishmont
for Offensss committed before the case
was prosecuted but which arc oou
doned because the Steel Corporation
dla not continue TO give offense
Tho difficulty OF making IaborinE
-