In dealing with those who offend against the antitrust and interstate commerce laws the Department of Justice has to encounter many and great difficulties. Often men who have been guilty of violating these laws have really acted in criminal fashion, and if possible should be proceeded against criminally; and therefore it is advisable that there should be a clause in these laws providing for such criminal action, and for punishment by imprisonment as well as by fine. But, as is well known, in a criminal action the law is strictly construed in favor of the defendant, and in our country, at least, both judge and jury are far more inclined to consider his rights than they are the interests of the general public; while in addition it is always true that a man’s general practices may be so bad that a civil action will lie when it may not be possible to convict him of any one criminal act. There is unfortunately a certain number of our fellow-countrymen who seem to accept the view that unless a man can be proved guilty of some particular crime he shall be counted a good citizen, no matter how infamous the life he has led, no matter how pernicious his doctrines or his practices. This is the view announced from time to time with clamorous insistence, now by a group of predatory capitalists, now by a group of sinister anarchistic leaders and agitators, whenever a special champion of either class, no matter how evil his general life, is acquitted of some one specific crime. Such a view is wicked whether applied to capitalist or labor leader, to rich man or poor man; (and by the way, I take this opportunity of stating that all that I have said in the past as to desirable and undesirable citizens remains true, and that I stand by it).