Indianapolis Times, Indianapolis, Marion County, 11 November 1938 — Page 36

PAGE 36

GITES BENEFITS

OF DEGREES IN

FINANCE CASES)

Aid in Justice Department Explains U. S. Policy To Convention.

“CHICAGO, Nov. 11 (U. P.).—Speclal Assistant Attorney General Wendell Berge contended .today that restrictions submitted to by the Ford and Chrysler motor companies in the automobile finance cases illustrate “the possibilities of obtaining through consent decrees public benefits not actually required by law.” He explained the Govoernment’s consent decree policy in antitrust suits to the fifth annual convention of the American Finance Conference yesterday. = -Consent decrees in the Ford and

Chrysler cases were submitted to the |.

Federal Court at South Bend; Ind., Monday. It was announced then that with the entry of the decrees the Government would recommend that the indictments against the defendants be nolle prossed.

“Under the decrees in the Ford and Chrysler cases,” Mr. Berge said, “coercive practices against dealers and discriminatory practices against finance companies have been eliminated. In addition, distinct public benefits have been conferred which would not otherwise have been attainable even under successful criminal prosecution. The General Motors case must’ be prosecuted.”

Explains Machinery

He explained the machinery of consent decrees and asserted that if decrees which have been proposed voluntarily by defendants are accepted by the Justice Department, they may be submitted to the

"court with the recommendation

that the indictment be nolle prossed. “The vital question in such a situation,” he said, “is whether the proposed decree goes so ‘far in promoting the public interest that the Department is warranted in recommending dismissal of the criminal proceedings.” Although the department can indicate the general policies which guide it in the acceptance of consent decrees, it is up to the defendants when criminal proceedings are pending to present the plan that is to form the basis for settlement.

Requirements Answered

® , .. When criminal proceedings are pending, the Department will always reject consent decrees which merely eliminate unlawful conduct. It is not enough when parties have been indicted that they shall promise never to break the law again. . . . The only consent decrees which the Department is willing to consider during the pendency of a criminal case are those containing provisions for affirmative public benefits which could not be secured by the criminal proceedings alone.” The decrees in the automobile finance cases answer the requirements. Mr. Berge said. “The defendants have conceded more than the law requires and have submitted to restrictions on

SO CONCERT PIANIST GOES BACH TO SWING

DUBLIN,: Ga., Nov. 11 (U. P.)— J. T. Pittman, pianist, sat down at a concert to play Bach's “Chromatic Fantasy and Fugue,” but the result was an unlovely jangle. In changing the footlights, somebody had left the spare bulbs inside the piano.

Masculine-garbed Eva Kopalchak, 17, reportedly confessed killing her mother in their New York home. The mother obtained her release from an insane asylum last July.

advertising favored finance companies. These restrictions are of signal importance and are illustrative of the possibilities of obtaining through consent decrees public benefits not actually required by law.”

SEEK TO SETTLE NORVELT STRIKE

Workers Out Five Weeks at Government-Financed Pants Factory.

GREENSBURG, Pa, Nov. 11 (U. P.).—An effort to end the five weeks’ strike at a pants factory on a Government resettlement project will be made here Monday. Klee Oppenheimer, president of the Washington Manufacturing Co.

of New York, which has the contract to manage the factory, will come here Monday to negotiate the strike, called to enforce demands for recognition of a C. I. O. union, closed shop and the checkoff of union dues. The Government-financed pants factory is at the Norvelt resettlement project, named from the last syllables of the name of Mrs Eleanor Roosevelt. Many of the 90 employees on strike are stockholders in the corporation which obtained the Government loan to finance the factory. Word of Oppenheimer’s visit came as strikers were preparing-to send a committee to Washington to ask the aid of Mrs. Roosevelt and Farm Security Administration officials. Mr. Oppenheimer plans to poll the strikers to determine how many wish to affiliate with the union before he enters negotiations.

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