New-York tribune., 1922-05-31
Court. Assailed
By tnternyer
For Trust Fine
Lawyer, in Letter to Newton.
Says Prosecutions of 20
Other Combines Is Futile
,,,
Unless They Go TO Jail
Asks Legislative Action
Sneak Thievery Centlemen's $
Occupation Compared to
Heitrick Code. .HeDeclares
Special Dispatch 10 The Tribune

ALBANY, May 80. 49, Attorney Cen
eral Charles D. Newton received com
munication to-day from Samuel Inter
myer. chief counsel for the Lockwood
committee, in which Mr.. Untermyer de-
elares his intention. because of the
outcome of the latest Hettrick trial. of
holding in abeyance the prosecution of
others indicted for violations OF the
antitrust laws. He says the attitude
OF the courts has destroyed all hope of
enforcing these laws, adding:
Il have struggled against the incom-
prehensible attitude of the courts
toward antitrust laws as LONG as the
welfare of the state demands. The
action of the court to-day Nav 27) in
refusing to impose prison sentences on
CONVICTION OF Hettrick as a second of
fender and of his spirator With
erspoon, the latter man of wealth,
comes as the elimination OF long list
of similar occurrences.
"Withcrspoon is president OF Baker.
Smith & Co., the greatest manufacture
ing concern in its line in the United
States, doing business amounting to
millions of dollars annually. Here was
q case that developed the most vicious
and corrupt coercion, pressure and
moral turpitude. in addition to viola
tions of the antitrust law. that could
we'll be conceived. The head Of this
great manufacturing concern deliber-
ately conspired with Hettrick to force
unwilling competitors into an illegal
combination for the destruction of com
petition and to hold the public by the
throat, using the union labor leaders as
pawns in their game by threatening to
ruin employers by Withholding labor
unless they became parties to The un-
holy alliance.
"Not even our schoolhouses, then in
cosrSe OF erection, were immune from
the masched bids and other fraudulent
practices that constituted the machin-
cry tSrough which these swindles were
pcrpetrated. sneak thlef's business
Is gentleman'S occupation compared
with that OF these buccaneers The trou-
BILE has been and is that after months
OF effort IN such cases the courts refuse
TO punish this class of offenders.
We have pending cases against
twenty or more like combinations, in
volving five hundred or more defend
ants, but | do not feel that we arc
justified in going further with these
prosecutions. since the only effect is
to add illustrations of the laws fulfil.
ity. Proceedings will be cqntinue d
where Indictments already have beer
imposition Of fines amounting to manl
hundreds of thousands of dollars
which would many times cover the cost
OF prosecution, but | have no disposi.
ton to act as a collecting agency fol
the government in these repeated dem
onStrations of the futility of the law
Experience has demonstrated that
these combinations cannot be exter-
minated by series Of judicial pro
ceedingS. If there are no prison sen
tenccs attached prosecutions cease 10
be object lessons. If the policy Of the
law is TO continue TO be, as it ought
TO be, suppression of these artificial
price fixing. territory dividing com
pinations, there must be an admins
tratiNe body charged with the duty
oi discovering and cXterminatine these
cancers on tho body polite Such u
BODY was provided for in tho bill
which failed to pass at tho last session
OF the Legislature. If you agree with
me as to the policy here involved my
suggestion is that you lend your pow
crfui aid toward this legislation anC
that we cease further criminal prose
cution, since it is apparent that this
courts will not properly support oul
efforts in this direction.
81 shall be pleased to know whether
you agree with me as to further prose
cuton of these cases, in which indct
ments have not yet been found. as
there is a considerable staff now de
voting itself to this work, which should
be reduced with as little delay as pos
eihlrr