The New York herald., 1921-05-24
Continued from First Page.

Of guilty in the building materials case
am satisfied that the result OF this
and like action VIII furnish a precedent
that will render further prosecutions
abortive under the law in It's present
form. There will have to be amendatory
legislation rendering the penalties more
drastic and less subject to judicial dis
erection as to the imposition OF prison
sentences.
"On my advice the committee has al
ready unanimously agreed to recommend
that offenders be punished by imprison-
ment for not less than six months nor
more than three years in addition to a
fine of not exceeding $1,000, and that
the court shall have no discretionary
power to suspend prison sentences. and
Is now considering the advisability Of
recommending to the Governor the cali
ing of special session to enact this
and other important legislation based
on defects In the law disclosed by the
inquiry. Unless this Is done the anti
trust laws had better be wiped Off the
statute books. AS these laws, Federal
and State, are now being and have been
for many years administered Gin the
rare cases In which the public author
tiles have enforced them at all), their
net result has been, in my opinion. to
breed contempt for the law and to sup
port powerful argument iny the hands
OF demagogues and enemies OF organ
lied society in favor of the claim that
out criminal laws are not enforced
against the rich and powerful IN the
same spirit as against the poor and
lowly.
"Open and Defiant Lawbrenkers."
I'm the particular case disposed Of
on Monday the confessedly guilty de-
PENDANTS happen TO include men oil
wealth and political influence who have
long been open, persistent and defiant
lawbreakers. Among them are the manu-
facturers of brick, who have for years
held their grip upon the throats of the
public and had refused to relax it even
after they were publicly exposed. Their
profits were abnormal and extortionate.
They are shameless profiteers, who in
order to accomplish their purpose
limited the output, regulated and fixed
prices and practised extortion on the
entire trade and public IN every d.
rection.
AS long ago as July. 1919, I ha /
occasion as counsel for the Mayors
Committee on Rent Prof1teering, to con-
duct an examination of the leader of
this ring of brick manufacturers, who
was among the defendants arraigned
on Monday. and who besides being the
largest manufacturer of brick is one Of
the most important dealers IN New York
city. At my suggestion the papers were
at that time sent TO the District At
torney, where they have peacefully re-
posed in the sacred archives especially
reserved for the favored few, who are
apparently above and beyond the reach
nf tba CRIMINAL law
Meantime the combination continued
merrily on its way. limiting production,
boosting prices and in dozen other
ways Souging the public just as 1t had
done before. except that 1t went still
further and t. such an extent that
about the time the Lockwood committee
came upon the scene these men We're
cNacting SIS a thousand Tor brick, which
cost them according to their ow2 noolSs.
less than $40 thousand. For years
those brick sold in our maraet for $3.50
a thousand.
.Shameless Profiteering."
"The element of labor is small In the
manufacture of bricks. The clay banks
from which the material is taken are the
same banks that have been there for