New-York tribune., 1921-05-26
Building Probe
Ends as Protest
Against Fines
Untermyer Says He Is
Through Will, One Line
of Inquiry on Account of
Punishment Melted Out
Congress's Aid Is Sought
Warns of Peril in Social
Unrest Accentuated by
Piracy of Combinations

3lie strenuous protests OF Samuel
Untermyer, chief counsel to the Lock
wood committee, against letting off
vlolators of the anti-trust laws with
light fines reached climax at yester-
days session of the committee in City
Hall when Mr. Untermyer abruptly an-
nounced he would go no further in httsF
investigation of illegal combinations in
the building industry.
Only a few moments before Mr.
Untermyer had declared he had heen
prompted to take this step ain the light
of the recent action of the courts in
imposing fines against the most per-
sistent and defiant of the offenders
against the anti trust laws exposed by
the committee Supreme Court Justice
Vernon NJ. Davis imposed fines of $500
to $3.50 on ten individuals, and $500 to
$4,000 on nine corporations members
Of the Association of Dealers in Ma
sons Building Materials, who had
pleaded guilty to violations Of the
Donnelly antitrust laws.
Wants Action by Congress
In making his announcement MIR
Untermyer summed up the results
81 far achieved by the committee in
this phase of it's work and outlined
some Of the constructive measures it
IS planned to have enacted to teme6y
the evils exposed. Congress, he said,
would be asked to amend the Federal
laws so as to compel the imposition
OF prison sentences on violators OF the
antitrust laws.
In the mean time. he asserted, the
public authorities should be urged to
keep a close watch on the practices Of
the various associations, pointing out
tLat he had been unable to find one
article used by the building industry
that had not been the subject of com
bination. He issued note of warn
ing in conclusion, against the coun-
tIys insufficient realization of the
'perils that lurk in the social unrest
that is being accentuated by the greed
and piracy of these combinations that
infest the land from end to end"
Mr.. Untermyer said he would begin
the financial phase of his investigation
with a thorough examination at to-
days session of the so-called fire in,
surance monopoly.
Rebukes Swami and Banton
The committees chief counsel pre-
ceded his summing up with a biting
rebuke to District Attorney Swami and
Acting District Attorney Joab Banton
The latter had been quoted as discredit-
ing Mr.. Untermyer's insistence on Jail
sentences for violators Of the Donnelly
antitrust laws.
"If the District Attorney had per-
formed his duty the present situation
would not exist" said Mr.. Untermyer
1t he believed the law in its present
form to be effective, why is it that
during all these years, with thousands
OF these violations going on around
him, his office did not lift finger to-
ward performing it's duty? What right
has that Office at this time and in the
face of its fragrant and chronic nom
feasance in Office to which we owe the
necessity of this branch Of our inquiry,
TO intrude itself and tell US what it
would be wise to do? Where is Mr..
Banton's bump of caution? And, above
all, has he no sense Of humor?"
Acting District Attorney Banton ap-
peared before the committee during the
afternoon and made a statement to the
effect that he had been misquoted;
that, in fact, he had said nothing for
Continued on page thrse)