The New York herald., 1922-05-31
UNTERMYER ASSAILS
HETTRICK'S RELEASE
Suggests Abandoning Pros
ecutions Since Support
of Courts Fails
DISDAINS ANY FINES
Renews Plea for Law Max
ing Compulsory in
Such Cases.
WORK FUTILE OTHERWISE
Writes to Newton That He
Has No Desire to Act as a
Collection Agency.
WORK FUTILE OTHERWISE

Special Dispatch TO THE New YORK HERALD.
New York Herald Bureau.
Albany, May 80.
Samuel Untermyer, counsel to the
Lockwood housing committee, has
written to Attorney General Charles
d. Newton protesting against the inn
position of fines instead of prison SEN
tences against John T. Hettrick and
three codefendants convicted last Fri
day of conspiracy by jury before
Supreme Court Justice Claude B. Al
verson. Mr. Untermyer suggests that,
with the Attorney Generals approval
proceedings against other illegal COM
binations shall be dropped. except in
such cases where indictments already
have been found, and that the efforts
of counsel to the Lockwood commit
tee be directed toward amending the
law to make prison sentences in such
cases compulsory.
Hettrick. lawyer and author of the
code of practice" by which plumbing
and steamfitting bids were rigged al
ready has served one sentence for CO.
ercing contractors to join the plumbers
union. He was convicted again last
week with Charles G.. Witherspoon. pres
ident of Baker. Smith & Co., steamfitting
contractors. and John NJ Imhoff and
Martin McCue. business agents of the
plumbers union, OF conspiracy and
fined $500.
Mr.. Untermyer refers in his letter to
his efforts at the last legislative session
to have bill passed making Jail SEN
tences compulsory and repeats his
charge that the measure introduced by
the committee was defeated through the
votes of members who held retainers
from defendants under indictment. His
letter to the Attorney General follows
in part
I'VE have pending cases against
twenty or more like combinations in
volving 500 or more individuals. firms
and corporations, but do not feel that
we are justified in going further with
these prosecutions except where indict-
ments have already been found, since
their only effect is to add instance after
instance showing the futility of the law.
We could doubtless secure the imposi-
tion of fines amounting TO many hun
dreds of thousands of dollars which
would again and again repay the cost of
prosecution. but have no disposition
Government in these repeated demon
strations of the futility of the law.
IF you agree with me as to the policy
above outlined my suggestion is that you
lend your powerful aid toward this leg
islation and that we cease further Grim
inal prosecutions sirfce it is apparent
that the courts will not properly support
our efforts in this direction. We have
now had at least half a dozen distinct
object lessons with substantially the
same results. with a few exceptions
II shall be pleased TO know whether
you agree with me as to the further
prosecution of these cases in which in
dictments have not yet been found, as
e. ere is a considerable star now devot-
ing itself to this work which should be
reduced with as little delay as possible
IL you are in accord with my point of
view. In that event 7 will devote my
future energies on this subject, apart
from the prosecution of pending cases.
toward preparing the necessary laws
looking to the correction of the situation
through administrative supervision"