Presidents -- United States -- Messages; United States -- Politics and government -- Sources
It is well to recollect that the real efficiency of the law often
depends not upon the passage of acts as to which there is great public
excitement, but upon the passage of acts of this nature as to which
there is not much public excitement, because there is little public
understanding of their importance, while the interested parties are
keenly alive to the desirability of defeating them. The importance of
enacting into law the particular bill in question is further increased
by the fact that the Government has now definitely begun a policy of
resorting to the criminal law in those trust and interstate commerce
cases where such a course offers a reasonable chance of success. At
first, as was proper, every effort was made to enforce these laws by
civil proceedings; but it has become increasingly evident that the
action of the Government in finally deciding, in certain cases, to
undertake criminal proceedings was justifiable; and though there have
been some conspicuous failures in these cases, we have had many
successes, which have undoubtedly had a deterrent effect upon
evil-doers, whether the penalty inflicted was in the shape of fine or
imprisonment--and penalties of both kinds have already been inflicted
by the courts. Of course, where the judge can see his way to inflict
the penalty of imprisonment the deterrent effect of the punishment on
other offenders is increased; but sufficiently heavy fines accomplish
much. Judge Holt, of the New York district court, in a recent decision
admirably stated the need for treating with just severity offenders of
this kind. His opinion runs in part as follows:
Public-domain text, read in full here on John Shaqi.
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