Evening star., 1942-03-29

Secretary of the Many and Thur
man Arnold the tollo1Ding signed
memorandum:
The undersigned have been con-
idering for some time the problem
presented by the fact that some Of
the pending court investigations,
suits and prosecutions under the
antitrust statutes by the Depart
ment of Justice, if continued, will
interfere with the production Of
war materials.
In the present about effort to
produce quickly and uninterruptedly
maximum amount of weapons Of
warfare, such court investigations,
suits, and prosecutions unavoidably
consume the time Of executives and
employees of those corporations
which are engaged in war work. In
those cases we believe that continu-
ing such prosecutions at this time
will be contrary to the national In
terest and security. 1t is therefore
something which we seek to obviate
as quickly as possible.
On the other hand we all wish TO
make sure: l. That no one who has
committed Q violation Of law shall
escape ultimate investigation and
prosecution; 2. That no-such person
shall even now be permitted to
postpone investigation or prosecu-
ton under false pretext that his
undivided time is necessary to the
war effort-in other words that 1t
must be preponderantly clear that
the progress of the war effort is
being impeded; and, 3. That no
one who has sought actually to de-
fraud the Government shall obtain
any postponement of investigation
or prosecution in any event.
Procedure Worked Out.
Accordingly we have worked out
the following procedure, subject to
your approval.
Each pending and future Federal
court investigation, prosecution or
suit under the antitrust laws will
be carefully studied and examined
as soon as possible by the Attorney
General. and the Secretary Of War
or the Secretary Of the Navy re-
spectively If the Attorney General
and the Secretary of War or the
Secretary of the Navy come to the
conclusion that the court investiga-
ton, prosecution or suit will not
seriously interfere with the About
prosecution Of the war. the Attorney
General will proceed. If they agree
that 1t will interfere: or If after
study and examination they dis
agree, then, upon receipt Of 4 letter
from the Secretary of War or the
Secretary of the Navy stating that in
his opinion the investigation. suit, or
prosecution will seriously interfere
with the war effort, the Attorney
General will abide by that decision
and defer his activity in that par
ticular matter, providing. however
that he shall have the right, in such
event, to lay all the facts before the
President whose determination, OF
course, shall be final. In each case
the action finally taken will be made
public.
The deferment or adjournment
Of the investigation, suit. or prosecu-
ton will not, however. mean the ex-
oneration of the individual or cor
poration. or the discontinuance OF
the proceeding. As soon as it ap-
pears that ID will no longer interfere
with war production, the Attorney
General will proceed.
ITO make sure that no one escapes
by the running Of the statute Of
limitations, We shall request Con-
gress to pass an appropriate exten-
sion Of the statute.
Under no circumstances will
there be any suspension or post
ponement of prosecution for any
actual fraud committed against the
Government.
I'VE feel that this advancement
will adequately protect the public
interest.
Respectfully yours. Francis Bid
die, Attorney General; Henry l.
Stimson. Secretary of War; Frank
Knox, Secretary Of the Navy; Thur
man Arnold"
Plans Are Approved.
On the same day, the President in
identic letters addressed to the At
torney General, the Secretary OF
War and the Secretary Of the Navy,
notified them Of his approval of the
procedure outlined in the above
memorandum.
The Presidents letter reads:
approve of the procedure out
| lined in your memorandum to me
dated March 20, 1912. II 1t Is true
that any substantial slowing up Of
war production is being occasioned
by antitrust suits, prosecutions or
court investigations then the war
effort must come first and every
thing else must wait For unless
that effort is successful, the anti
trust laws, as indeed all American
institutions, will become quite aca-
demic
No one, Of course. should be per-
mitted to escape ultimate prosecu-
ton for any violation of law. T am
sure that the Departments Of Jus
tice, War and Navy will all CO.
operate so that the needs Of the war
will not be hampered by these court
investigations, suits or prosecutions.
but that at the same time the crisis
OF war will not be used as a means
OF avoiding just penalties for any
wrongdoing. In other words, it must
be made very clear that the war
effort is being impeded. No right
minded person, or any one who is
conscious of what is at stake, should
use the Nations extremities as an
excuse to violate any statute.
| Nor indeed should there be anv