Evening star., 1938-01-29

llC ID
qualified for the nA''o Lawrence
Job.
Mr.. Jackson told the House COM
mlttee there was no way the Depart
ment Of Justice could get adequate evi-
dence about antitrust violations un-
less 1t began criminal proceedings
before Federal grand jury. But it
turns out that there is law on the
statute books which supplies to the
Department of Justice all the power
1t needs. and it is mystery why Mr.
jackson overlooked that statute,
Record Of Testimony.
To begin WITH here is stenographic
record Of what was said before the
House committee where hearing was
being held to consider Mr.. Jackson's
informal Impeachment Of Judge
Geiger of Milwaukee because the lat
ter would not let the Department of
Justice tamper with the grand jury
While separately seeking to coerce the
defendants to sign civil decree.
Representative Massingale, Democrat.
OF Oklahoma. was doing the question:
ing. as follows:
''As understand your position about
This grand jury evidence, the only ef-
fective way, from the Governments
standpoint. of getting evidence upon
which it can proceed, either criminally
or by suit in equity, is through the
grand jury?'
Mr.. jackson: That is right.
Mr. Masslngale: And that was the
object in making the inquiry?
Mr. jackson: The Department of
Justice has no power of subpoena We
cannot compel the production of any
evidence. except before the grand jury,
and until you have got the evidence,
you cannot know whether you have
case that ought to be prosecuted civilly
or crifninally"
Lawyers Are Wondering,
Nobody in the committee happened
~ ask Mr.. Jackson about it, but law
yers all over the country are wonder
ing Why Mr.. Jackson is unfamiliar with
the terms of section as of the Federal
Trade Commission Act, which reads
as follows:
The Federal Trade Commission
shall also have power upon the
application of the Attorney General to
investigate and make recommenda tions
Tor the readjustment of the business
OF any corporation alleged to be vio-
iating the antitrust acts in order that
The corporation may thereafter main
oaln Its organization. management and
6onduct OF business in accordance with
law"
Ihe power of subpoena which the
Federal Trade Commission has and
Whlcn Is available, therefore, to the
Department. of Justice, is far-reach
ing and has been upheld bv the Su-
preme Court of the United States.
Here is section 40 of the same law.
which reads as follows:
The commission, or its d1llv
authorized agent. or agents, shall at
all reasonable times have access to.
Tor the purpose of examination, and
the right to copy any documentary
evidence OF any corporation being in
vestlgated or proceeded against and
the commission shall have power to
require by subpoena the attendance
and testimony Of witnesses and the
production of all such documentary
evidence relating to any matter under
investigation"
Statement Challenged.
Mr.. Jackson made another state
ment which is being widely, challenged.
He told the House committee this:
I am quite confident that no con-
sent DEGREES would ever be obtained.
II you did not have the power of pro-
eeeding before the grand jury; and
during the pendency of these cases
these conferences always occur"
writing in the Harvard Law Review
FOR April, 1888, William ]. Donovan
VINO held from 1925 to 1929 the same
position in the Department of Justice
that Mr.. Jackson does, declared:
The Sherman Act has been on the
statute books for ~ years. In it's
enforcement consent DEGREES have al
ways played an important part. About
$50 civil suits have been instituted
BY the United States under this act.
and OF these 112 were concluded by
the entry Of consent DEGREES, Fifty
f1ve OF these DEGREES were entered in
the eight years from 1925 to 1892, in
elusive"
Act Held Sufficient.
1t is matter Of common knowl-
edge that criminal proceedings oc-
Cured in hardly any of these cases.
Mr.. Donovan went on to discuss the
GROWING use OF consent DEGREES, stat
ing that 1t was method Of law
enforcement by negotiation" He
called attention to the Federal Trade
Commission powers quoted above and
urged that more use be made of Il
He said:
"These provisions of the Federal
Trade Commission Act are sufficient.
without more, to implement the At
torney General in the consideration
Of economic questions and if more is
desired the voluntary cooperation of
the Department of Commerce and the
Department Of Labor should be avail
able to him.
1T Is believed that if the use OF
available governmental facilities is
established by the Attorney General
as q precedent in connection with the
negotiation of important consent de-
crees, their economic aspects will be
thrust in the forefront where they
belong"
So the consent decree negotiation
is an old process and there's power
enough through the Federal Trade
Commission to get evidence without
resorting to the coercive method of
threatening or bringing criminal pro-
ceedings. Yet Mr.. Jackson told the
House committee that there was nc
effective way to get evidence and
that the Department of Justice had
tn use compulsion and coercion. Small
wonder that Senators King and Burke,
both Democrats. want to question Mr.
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