The New York herald., 1921-05-24
UNTERMYER RESIGNS AS
STATE TRUST PROSECUTOR

generations, whilst most of the work is
done by machinery. so that this industry
has not been greatly subject to in
creased costs. Shameless profiteerins
and monopoly have been its curses.
What can we expect from future
prosecutions with such precedents star
Ing 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 in
tolerable practices that are paralyzing
the building industry. The belief that
these malefactors can secure immunity
by surrendering pittance of their i'll
gotten gains IL they happen to be
trapped will serve only to stimulate them
to further violations.
Il did not volunteer and / am not
willing to act as collecting agency for
the State in gathering in shekels for
permission to persist in flagrant viola
tions of law that are far more perilous
to the public welfare and safety than
are the aggregate offences of all the
unfortunate inmates OF the penitentiary
many Of whom yielded under great
temptation, whilst these men had no
provocation save greed.
Pray do not misunderstood me. l
am far from despairing of controlling
this Industrial and economic evil. But
1t WILL unfortunately, require further
legislation to assure adequate punish
ment. which is the only deterrent to
crime, unless the State will change the
economic policy. which / believe it will
be forced to do. Until that legislation
has been secured l can see no substan-
tial public usefulness In further convic-
tions The fact that the fines collected
,.,sfv
the work of the committee and of the
criminal prosecutions constitutes no suf-
ficient reason for continuing on a course
that serves only to emphasize the help
lessness of the present law to abate this
evil, that is striking at the very vitals of
industrial freedom.
"Rcign of LawIessness."
Il am. or course. willing. if you so
desire, to continue In general charge of
the prosecutions of the pending ndict-
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 conditions. The
proposed changes in the law by which
the imposition OF prison sentences will
be made obligatory on the courts will
If enacted. do more within twenty-four
hours after 1t goes into effect to put an
end to this almost universal reign Of
hwlessness in the building industry than
any amount of prosecutions followed by
tleas of guilty and anti-climaxes in the
form OF these harmless. ineffective fines.
II this sort Of thing continues the busi-
ness of defying the law will take its
place among the most gainful occupa-
tions of the day"
Mr.. Untermyer adds that he Is willing
70 conduct present prosecutions to con-
clusion and take charge of all others
pesulting from the committees work
chat do not involve enforcement Of the
antitrust laws about which he COM
Slams. This would leave the way open
FOR him to handle the prosecution Of
such cases 8 that of Peter Stadtmuler,
Who was Robert p. Brindell's right hand
man and whose trial for alleged extor
ron is now going on. should he be so
requested by the Attorney-General.
i To-day Mr.. Untermyer hopes to con-
elude his investigation Of the building
combines by inQuiring into the activities
Of the tile, CRATE and mantel association
When he finishes with that organization
he will go into a further investigation of
The Fire Insurance Exchange and its re-
kation to the building situation.