The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-04-28
KNOX MAKES REPLY.
Tells House About His Prosecution of
the Trusts.

Washington. April 2s.-Attorney Cen
eral Knox has transmitted to the
house replies to the two resolutions OF
inquiry introduced by Mr.. Williams of
Mississippi, repative to trusts. First re-
plying to the question as to whether
any criminal prosecution had been be-
gun by him against persons involved
in the decision of the supreme court
of the United States in the Northern
Securities as guilty of violating the
laws by entering into combine in e
straint of trade, the attorney general
says:
I have the honor to say that no
criminal proceedings have been tnsti-
truted against the persons referred TO
IN the resolution and that further than
this l do not deem 1t compatible with
the public interest to comply with the
resolution"
The other resolution asks if any in
vestigation ever was made by the de-
partnenu of Justice of the so-callad
thracite coal carrying railroads The
attorney general replies to this as fol-
lows;
I have the honor to say that during
the time of the anthracite coal strike
the department of justice began an in
vestigation for the purpose Of deter
mining whether the anthracite coal
business was conducted through a com
bine or conspiracy in violation OF the
antitrust act OF 1890.
This investigation had not proceed
ed far until discovered if such COM
bine existed the evidence of its exist
ence had been adroitly concealed ana
that If it was to be established would
largely depend on the government s
ability to secure evidence of chain OF
circumstances which in the aggregate
would establish a combine.
"In view of the fact that this de-
partment possessed no powers to COM
papers, and to examine witnesses un-
der oath, I opened up the subject
through a representative of the de-
partment of justice with a report of
the interstate commerce commission
as to the advisa hility of the interstate
commerce commission making gen
eral investigation into the general
question as to whether the anthracite
coal roads were engaged in pooling.
charging exorbitant rates for the
transportation OF coal, preventing the
coal from reaching its natural mar
kets and in short. of obtaining
through the powers of the commission
evidence Of the fact, the suggestion
being that the commission should in
this respect and within its functions
repeat its action which led to the de-
velopments of the facts upon which
the general government based its case
against the joint traffic association
and later against the Northern Securt-
ties company.
about this time a complaint was
made before the interstate commerce
commission raising the questions
above referred to. During the pass
age of the hearing before the COM
mission upon this complaint several
witnesses refused to produce papers
and answer questions which the COM
mission considered and ruled to be
germane to the inquiry, whereupon,
under the direction of the attorney
eneral, proceedings were begun in the
United States circuit court in New
York for the purpose of compelling
the coal companies to produce papers
and answer questions.
THE circuit court dismissed the pc
tition of the interstate commerce com
mission whereupon an appeal was ia
ken by the United States under the act
of February 10, 1908. direct to the su-
preme court of the United States. On
motion of the attorney general the case
was advanced and argued by a repre-
sentative of the department of justice
and a special assistant attorney at the
instance of the interstate commission.
This appeal was decided in favor
of the powers of the committee to COM
pei the production of the testimony
and as I am informed, the commission
is about to renew the hearing which,
when completed VIII lay before the de-
partment of justice in connection with
other evidence it has gathered itself
and has been furnished to il by sun
dry persons, all the available fnforma-
ton in relation to the alleged com
bine.
Further than this I do not deem it
compatible with the public interest to
comply with resolutions