Page:The Green Bag (1889–1914), Volume 23.pdf/130

 The Legal World Imporianl ‘Crust ‘Prosecutions

The Judicial Settlement Sociely

The movements of the Department of ustice seem to have been materially inﬂuenced y the decision of the United States Supreme Court in

The Conference of the American Society for Judicial Settlement of International Disputes held its session in Washington, Dec. 15-17. Senator Root spoke on the ﬁrst da on "The Importance of Judicial Settlement,’ and Mr. Justice Riddell of the High Court of Ontario talked on "The International Relations Be tween the United States and Canada." John W. Foster tions Involved discussed in the the question, Foreign "Were Wars theofQues~ the

the cases against Kissel and Harned, in which

the "continuing conspiracy" doctrine was laid down (p. 99 supra). Attorney-General Wicker sham was led to ex ress the opinion that this decision had furnis ed the Department with the weapon needed to strike a crushing blow at both the sugar and beef combinations and the men behind them. Pleadings of the statute of limitations will no longer be able, he declared, to tie u cases of violation of the Sherman law. This evelopment, combined with the policy of the Administration to rosecute violations of the Sherman act criminal y whenever the evidence made out a good basis for a criminal action, brought about the droppin by the Government of the civil case against t e National Packing Compan. In this suit strong evidence had already n prepared, but United States Attor ney Sims was successful on December 27, in his motion that Judge Kohlsaat, in the District Court at Chicago, dismiss the civil suit, in order

it was said that the packers under indictment might not secure immunity through their testi mony in the civil suit. The meat packers prom tly attacked this dis missal, but on Jan. 3 ﬁld e Kohlsaat ruled against them in the Circuit

ourt, holding that

the Government had a right to dismiss the suit in equity. The meat packers had also applied to Judge Carpenter, in the District Court at Chicago, to sustain their plea that the criminal

suit was barred by the in'ustice anted in 1903 by Judge Grosscup, but udge rpenter ruled against them on this point on an. 9. Indictments were return by the federal grand jury at Detroit Dec. 6, against sixteen ﬁrms and thirty-two individuals alleged to have obtained control of eighty-ﬁve per cent of the annual out ut of enamel iron bathtubs, sinks,

etc., in the nited States. Attorneys re resent ing some of these individuals came to ashing ton, and asked that their clients be let off with ﬁnes, but they were given to understand, it is said, that jail sentences would be insisted upon. One of the defendants, however, who pleaded not guilty, was allowed by Judge Swan, in the District Court at Detroit, to withdraw the plea and ﬁle a demurrer, and this case, that of I. A.

Frauenheim of Pittsburg, may be brought to trial early in March. As a result of the United States Supreme Court decision that the indicted oﬂicials of the Sugar Trust must stand trial, United States Attorney Wise of New York City announced on Dec. 14 that he would push the criminal indictments of all the men "higher up" in the sugar frauds, and that these cases would be ready for presentation in court in about three months. Early developments in the prosecutions 0f the glass and electrical trusts are also likely.

United States of Such a Nature that They Could Have Been Submitted to Arbitration or Settled Without Recourse to War?" Dr. Benjamin Ide Wheeler, president of the University of Cali fornia, also spoke, and Andrew Carnegie dis

cussed I‘The Moral Issue in War." Mr. Carnegie characterized “the appeal to conscience, not to the pocket," as the paramount question. He declared that the “enormous sums nations are now spending upon instruments for war are ominously excessive," and added that he did not believe the mere cost of war or the greater cost of armaments meant to prevent war

would prove the most effectual deterrent to war itself. At the second session of the conference John Hays Hammond presided. The program in cluded the followin addresses: Frederick D. Mc Kenney, “Some ractical Ob'ections to the Present Hague Court"; A. H. now, “The De velopment of the American Doctrines of Juris diction of Courts over States"; Professor Eugene Wambaugh of Harvard, "Whether the Growth of Law is Aided by Courts rather than by Com missions"; H. B. F. McFarland, "Obstacles in

the Wa of Proposed Permanent Court"; Charles Noble regory, "Aviation as Affecting the Judi cial Settlement of International Disputes"; and J. H. Ralston, "Some Considerations as to Inter

national Arbitral Courts." At the third session, James Brown Scott re sided. The Minister of France was the rst s ker. He was followed by these speakers: ndrew I. Mont e, “The Supreme Court as a Prototype 0 an International Court"; Simeon E. Baldwin, "Evolution of the Inter national Court"; Francis B. Loomis, “The Price

of Peace," and David Starr Jordan, "The Waste of Nations." Theodore Marburg presided at the session Saturday morning. The addresses were as fol lows: "Defects of Arbitration as a Means of Settling

Disputes,"

Charles W.

Eliot;

“The

Jurisdiction of the Supreme Court of the United States over the Controversies of the States a. Prototype in the lntemational Court of Arbitral {usticeﬂ Frederick N. Judson; "The Source of

nternational Law," F. W. Hirst; “Some Rea sons Why Judicial Methods for Settlement of International Disputes are Superior to Other Methods," Rear Admiral Stockton, U. S. N.;

“Between Diplomacy and War," Harry Pratt Judson; "Some of the Things That Must be Done in Order to Secure a Permanent Judicial

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