Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-29
OPTION IS PRESIDENTS
Bonaparte Advised Withhold
ing of Steel Merger Papers.
OPINION MADE PUBLIC
Told Commissioner of Corporations to
See Roosevelt.
SENATE DEMAND SET ASIDE
Attorney. General Quotes Authority
and Precedent-Given Out With
Committees Consent.
MADE PUBLIC
SENATE DEMAND SET ASIDE

After a conference between Senator
Clark. chairman of the Senate judiciary
committee. and Attorney General Bona
parte it was decided yesterday afternoon
to make public the documents and corre-
spondence i'm the inquiry concerning the
merger of the Tennessee Coal and Iron
COMPANY with the United States Steel
Corporation.
The papers include a letter. dated jan
uary 1e. from Senator Clark to: the At
torney General, informing him that the
subcommittee having the matter In
charge would meet January 81. and
will be glad to have you appear before
II If Won desire to do so. and submit any
matter which you may see proper to
submit
In acknowledgement of this letter the
Attorney General wrote January 20 say
ing:
..Imperative official enSa gements would
make il difficult for me to be present at
the time mentioned, and l think that
can render all the assistance which ls IN
my power TO the committee by transmit .
ting to YOU in this letter. a statement OF
the facts as known to this department
Presidents Course Proper.
The letter states the facts connected
with the transaction in question as set
forth in the Presidents message TO Con-
sress on the subject: states that the
writer advised the President that the
transaction standing alone did not con-
stitute violation of the antitrust law,
and that The Presidents course in retus-
ing to interfere in any way In the matter
was strictly appropriate under the INV
The letter closes with a statement fhat
=, No, avfv, mt n InSfirp
been ready to prosecute the United States
Steel Corporation or any other corpora
ton or individual for anything which d1d
constitute a violation of the law as I'M
derstood by the department.
There follows a letter from the COM
missioner of corporations. dated Janu-
AIRY CD. informing the Attorney General
that he had been Subpoenaed TO appear
before the subcommittee OF the committee
on the judiciary of the Senate. and to pro-
duce .al papers relating to the steel
corporation and the Tennessee Coal, etc.
Company: that, having appeared IN
obedience to the summons, he was direct
ed to produce all papers in his possession
relating to either corporation; that he
had obtained a delay in order to secure
legal advice as to his duty in the prem
Uses. and. by direction of the president,
he submitted the facts to the Attorney
General for an opinion.
The Attorney General replied on the
same date. in lengthy opinion, in which
he holds that section Of the act TO es-
tablish the Department of Commerce and
Labor while authorizing the collection by
inauistorial process of Information by the
commissioner of corporations, provides
that only so much of this information as
the President may direct shall be made
public.
| The Attorney General shows that this
limitation on the use of the information
so collected was in conformity with the
intendment of the fourth amendment to
the Constitution. was recognized ana
commented upon in the debates in Con-
gress preceding the adoption OF the law
and was i'm accordance with settled de-
partmentai practice.