The New York herald., 1922-09-19

ly removed from his ONCE is his mani
force the antitrust laws. in which his
action and non-action have reached the
proportions of great public scandal
resulting in imminent peril 10 the coun-
try. The land Is honeycombed from end
TO end with these Illegal combinations.
The Antitrust Laws.
"Of all places in the Government tha
one place that should have been kept
free from political favoritism is the
Department OF Justice Nobody blames
the President for wanting to reward
man who was largely Instrumental IN
his nomination. but there are many
places where he might have been put
without harm instead of selecting for
him the only place where he should not
have been put and where he has done
and Is doing incalculable harm. Polit-
ical favors should not be repaid through
the administration of justice and man
who has gone through the throes OF
political campaign and has necessarily
come under obligations ought not to pc
placed where he will be called upon to
repay obligations in that way.
1T Is incontrovertible that the anti
trust laws are not being enforced except
in a few isolated cases and then only
under the strongest and most persistent
pressure The moment that pressure Is
removed even that fraction of enforce
ment collapses My own experience will
| believe, be sufficient to convince an
impartial committee that the law Is not
being enforced and Will not be enforced
under present conditions. The expert
ence OF the Federal trade commission is
similar to mine as can be established
from the official records and reports CT
that commission. Its uselessness has
been largely counteracted by the in
efficiency and favoritism in the depart
ment to which Is entrusted the prosecu-
tions growing out of it's Investigations.
At last accounts there were, l think
forty or more such complaints on which
no action has been taken.
Little or nothing mas pen done and
that little mainly as against tho small
fellows
Strike Injunction Case.
In stating his views In regard to the
injunction order in the railroad acse
Mr.. Untermyer said:
IF rightly understand the facts the
act of Mr.. Daugherty in taking that
case before the Judge who was recently
so indelicate that l believe 1t will meet
with the severe censure of the Bench
and Bar but that is not an impeachable
offence unless 1t can be established that
the Department of Justice was actually
investigating alleged violations of law
by the railroad employees who were
then on strike with view to legal ac-
ton at the time the Attorney-General
had Judge Wilkinson's appointment un-
der consideration and that the appoint
ment was made with special reference
to that situation and after Mr.. Daugh-
erty had virtually concluded that he
would begin such proceeding and with
the thought In mind that of all the
courts from whom he had the right of
selection he would bring IT before the
Judge he was then appointing.
While the Attorney General does not
literally appoint the District Judge 1t
Is well known that the applications are
made to hm, supported by recommended
tons that come to him. and that he In
turn recommends the appointments to
the President. who in most cases acts
on the judgment and investigation of