Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1922-06-08
TRUST BUSTING
CEASES UNDER
STEEL OPINION
Prosecutions Languish ana
Even Less Future Acti-
vity Looked For
60 CASES ARE CITED
Trade Commission Hard at Work hut
Department of Justice Fails to Take
Action.

Washington, Jane S.-That anti
trust prosecutions have languished in
recent times and may be expected TO
occupy even less attention on the part
of the Department of Justice in the
future may be indicated by 1.-The fact
that within the past ,:ree years the
Federal Trade Commission has sent
the records in more than 60 cases Of
alleged violations of the law to the
Attornev-G Genera! without court action
being taken in single instance.
The commission has gone ahead
within such legal limitations as IT may
function under, investigating case af-
ter case Of alleged transgression
against the Sherman act and other
enactments in the same direction, but
that body is powerless to do more than
investigate and make recommended
tions. 1t can dissolve no combinations
and can send nobody to jail.
Prosecution of offenders is the bust
ness of the Department of Justice and
the trial and conviction of those Of
tenders is The business of the Federal
courts. The commission may, of
course. issue comnlaint against an
alleged violator of the law. and may
state its charges in behalf Of that
complaint. as has been done in the case
Of the Observation-Disclosures steel
merger.
Evidence may be enacted by the
commission in its inGuisitorial proceed
inqs. Persons and papers NAV be
called for and demanded And if the
commission becomes convinced that a
defendant company has violated the
law an order to cease and desist"
NAV be issued.
But if the defendant chooses TO ig-
more such an order the Federal Trade
Commission is powerless to compel
compliance. All that it NAV do there
after is to certify the whole record to
the Dpoartmen+ Of Justice and to urge
officially and publiclv. if it pleases, th9t
court PROCEEDINGS be instituted. #
the department believes it has case
and is inclined 10 carry such case to
court. prosecution follows. Otherwise
the matter ends i-erc SO far as the
Government is concerned.
And 'he matte" has ended there in
ro los than GO cases which the com
mission has formally laid before the
dcnarfment. nccorG;ng 10 the depart
mcnt's rocords. N0r has Attorney
Genera DaL~herty hccn clone in r"-
frsipg - 90 into court on the strength
ce the commissions recommendations.
Attorney Generals Gregory and Pal
mer were equally reluctant. it seems,
MANY Of the cases N nupetior having
heen submitted and laid away to rest
in ncacn durino their respective ad-
v,ir;etratinns Of the Department Of
Jur+;ce.
The new administration came is
without any pronounced views on the
opcStinn &c trust prose utions and ro-
mains without any such views or pol-
;cv # sooms. More c9sns were sent m
bv tho Fcderal Tradc Commission, but
nothin" wav iSonc
Meanwhile The United States 81"
nrc,,c Court handed down its decision
in the Tinted States Steel case: dc
oieior that h"e t"kcn MUCH &c II"
heart ont O fthe sincere believers in
the broad r"licv that r9onorol'"s IN
business. cithor hv o"trql control of
c,;,ar oc,,,,,,o1i+v o. hv influential con
trol. aro bad for the con1trY.