The New York herald., 1921-05-24
UN7ERMYER QUITS
TRUST PROSECUTION
Unwilling to Become State Col
lectOr of Fines From Law
Breakers.
URGES LAWS WITH TEETH
Believes Only Prison Terms
Can Prevent Men Of Wealth
From FIouting Statutes.

Samuel Untermycr who besides being
volunteer counsel to tho Lockwood
legislative committee had been desig-
mated as a special Deputy Attorney
General, without pay, to conduct
prosecutions growing out Of the COM
mittee's disclosures, has rendered his
resignation as such to Attorney-G
eral Charles D.. Newton.
In his letter dated last Thursday.
which was made public last night with
the consent of Attorney General New
ton, Mr.. Untcr-nyer makes it clear that
his resgnation.is the result of situa-
ton developing from the failure OF
the courts 20 accept the committees
recommendations for prison sentences
in all cases of violation of the State
antitrust laws by individuals. whether
they plead guilty or are convicted.
This course, he says. will render fur
ther prosecutions abortive under the
law in it's present form.
While Mr. Untermyer declares he is
economic evil the committee has ex-
posed, he adds that he did not volun-
teer and Is not willing to act further
as q collecting agency for the State.
The lawyer repeats his recommendation
for modification OF the statutes that will
put teeth In the law so that 1t no longer
may be noutcd by men OF wealth. and
adds the opinion that though the total
fines imposed may exceed the cost or
the committees work this Is no reason
TO continue on course that serves only
TO display the inadequacy OF the law.
When immunity is purchased through
the surrender of a small portion OF dis
honest profits in the form of fines Mr..
Untermyer says the result Will be to
make defiance of the law one OF the
most gainful occupations OF the day.
Mr.. Untermyer draws parallel be-
tween the building situation and the case
Of n dishonest banker allowed to go free
because he returned one per cent. or less
of his thefts. and says he can see no
distinction between the two cases. Mr..
Untermyers letter to the Attorney Gen.
eral follows in part
eGluIt III. itNAeh W stN w. t''"'
advising an enlargement and reorsan-
izatIon OF the staff for the criminal
prosecution OF conspiracies in restraint
OF trade disclosed by the Lockwood
committee, so as to effectively and ex-
peditlouely deal with the hundreds OF
cases that are awaiting action. looking
to the elimination OF these fostering
sores that are paralyzing the building
Industry, a situation has developed that
requires a reversal by me OF the sug-
gestlons and 0fer contained In my letter.
IL Is this situation that has determined
me 10 ask whether YOU do not think II
best to accept my resignation as special
Deputy Attorney General In charge OF
the prosecutions growing out OF the
revelations OF the committee. J accepted
this position, as you know, because
regarded Il as an important part of my
work as counsel for the committee, and
did SO on the sole condition imposed
by me that be permitted to serve as
public service and without conpcnsa-
tion.
THE situation that now confronts the
committee to which refer is sccentu-
ated by the action OF the court on Mon
day. May l6 in denying the pleas for
prison sentences and In imposing only
zines on the nineteen individuals and
thirteen corporations that entered pleas
Continued on Ninth PAGE.