New-York tribune., 1921-05-24
Resi- ignation
Sent Newton
BY Unterrnyer'
tcontInuod from paqc ons,

tG0nuhUeu NoU' pa3V oHu'
eral in charge of the prosecutions grow
ing out of the revelations Of the COM
mittee. accepted this position, a you
know, because | regarded it as an i'm
rortant part Of my work as counsel for
the committee and | did so on the sole
condition imposed by me that be per
mitted to serve as q public service and
without compensation.
"The situation that now confronts
the committee to which | refer is &C
centuated by the action of the court on
Monday in denying the pleas for prison
sentences and in imposing only hnes
on the nineteen individuals and thir-
teen corporations that entered pleas
of guilty in the building materials case.
am satisfied that the result of this
and like action will furnish prece-
dent that will render further prosecu~
tons abortive under the law in its pres
ent form. There will have to be
amendatory legislation rendering the
penalties more drastic and less sub
ject to judicial discretion as to the
imposition OF prison sentences.
CON my advice the committee has
already unanimously agreed to recon-
mend that offenders be punished by
imprisonment for not less than six
months, nor more than three years, in
addition to fine of not exceeding
$4,000, and that the court shall have
no discretionary power TO suspend pris-
on sentences, and is now considering
the advisability Of recommending to
the Governor the calling of special
session to enact this (and other import
ant legislation), based on defects in the
law disclosed in the inquiry. Unless
this is done the antitrust laws had
better be wiped Off the statute books
Had Grip on Public
an the particular case disposed of
on Monday the confessedly guilty de-
PENDANTS happen to include men of
wealth and political influence who have
long been open, persistent and defiant
lawbreakers Among them are the man
ufacturers 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 eXtortonate
! They are shameless profiteers who, in
order to accomplish their purpose, lin
tied the output, regulated and fixed
! prices and practiced eXtortion on the
entire trade and public in every direc-
tion.
What can we expect from future
prosecutions with such precedents
staring US in the face? There are
hundreds of cases awaiting action, and
| have no doubt the state can readily
collect few million dollars in fines on
pleas Of guilty, but that will not abate
these intolerable practices that are
paralyzing the building industry. The
belief that these malefactors can Sc
cure immunity by surrenderng a pit
tance of their illgotten gains if sREy
happen to be trapped will serve only
to stimulate them to further viola
tions. | did not volunteer and l am
not willing to act as collecting
agency for the state in gathering in
! shekels for permission to persist in
fragrant violations of Law that are far
more pericus to the public welfare
and safety than are the aggregate
! otfenses of all the unfortunate inmates
/ of the pentenitary, many of whom
| Yielded under great temptation, while
/ these men had no provocation save
! greed.
81 am, of course. willing, if you SO
desire, to continue in general charge OF
the prosecutions of the pending indict-
ments, but am hoping that you will
agree with me that the presentation
to the grand juries OF the numerous
cases We now have in hand is hardly
/ worth while under existing condi-
! tionS."