New-York tribune., 1921-11-18
Prison Terms
Likely for Tile
Trust Members
yudge Van Fleet Concurs as
10 Gravity of Offenses AZ
ter Hayward Calls Fines
Licenses to Break Law
SentencesNextW ednesdav
Prosecutor Offers to Call In
Untermyer to Prove Build
ing Ring Is Shining Anew

After listening to the plea of Colo
mel William Hayward, United States
attorney here, that Jail sentences be
;nuosed upon several Of the fifty-three
lila contractors who pleaded guilty
Nauday to the fourth count OF an in-
aictment, charging violation of the
Sherman ANTITRUST law. Judge William
4. Van Fleet declared that he fully
eoucurred with the governments gen
srsl contentious as to the gravity of
me offenses committed by the de-
fendants. He closed the trial by an
nouncing that he would pronounce
Judgment at lo;av next Wednesday
morning.
punishment is inflicted more as q
deterrent than for expiation." he said.
II will make an effort to impose such
nunishment as will deter others from
committing the acts which have been
revealed IN this case"
Would Set Precedent
A iail sentence imposed By Judge
Van Fleet and actually served would
act precedent i'll Sherman law prose-
.utious. In the thirty-one years since
tx enactment no defendant convicted
Al conspiracy in restraint of trade
actually has been placed behind the
ha-s. Two prison sentences have been
imnosed, but in one case the Circuit
fonrt Of Appeals reversed the decl-
ism of the District Court and in the
ethar a pardon was granted.
Colonel Hayward in the last speech for
The prosecution had just declared that
samuel Untermyer had offered to come
10 court to testify that the practices
which he, as counsel for the Lockwood
ccmnittee, had revealed in the build
ING trades were still manifesting them
selves as 100 per cent in force as q
rssult Of the failure of the state courts
IA impose any punishment more seri-
aus than 4 fine.
II do not need to point out the
;utility of a fine" the Colonel said,
aespecially when it is imposed upon a
prosperous and influential merchant or
manufacturer. We know that 1t
amounts in most cases simply TO a
license again to violate the law We
know. or should know, that with these
particular defendants who ruthlessiy
pursue an alleged debtor on a claim,
whether right or wrong, through year
after wear. by unlawful means, by sub
stituting their own star-chamber pro-
ceedings for the courts of justice. that
a fine would mean in most cases simply
that it would in turn be levied by these
defendants on the next unfortunate
home builder who got into their
clutches.
Denies Practices Remedfed
Colonel Hayward's remarks in this
connection were in rebuttaI OF the
argument of former Secretary OF War
Henry l.. Stimson. Of counsel for the
defendants, who had contended that
the conditions revealed by Mr.. Inter
nyer were thing of the past and
that there was no need of making an
example OF the tile contractors by
sending some OF their number to
prison.
Colonel Hayward replied to further
argument offered by Colonel Stimson
70 the effect that the tile was minor
building trade by declaring that the
progress of nation toward higher civ
ilization was measured nowadays not by
hattleships, but by bathtubs:
"This country of ours has got far
away from the old rule OF having \
bathroom within easy bicycling dis
tance of the bedroom. In value and
quantity tile is net one OF the greatest
Of the basic elements in home build
ing, but it is one of the most essential
for people who believe IN sanitation
and cleanliness"
David L. podeIl. Colonel Hayward's
chief assistant in the building trades
investigation, opened the morning
hearing by summing up for the prose-
cution. After reviewing the practices
Co which the defendants had pleaded
guilty he pointed out the national i'm
portance OF the courts action in the
face Of the widespread housing short
age, which IS blamed in large measure
on the activities of the alleged build
ing combines.
The other special assistant United
States district attorneys who have
worked on the case are Benjamin S.
Kirsch. Raymond l.. Wise. former as
sistant counsel for the Lockwood COM
mittee; Nathan Prohst, Leland B. Duer
and Susan Brandeis.