The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-01-29

Several letters and documents were
made public by Attorney General Bona
parts yesterday explaining the position
Of the administration in regard to the
absorption Of the Tennessee Coal and
Iron Company by the United States stee!
Corporation. specific acqCiescence for this
merger having been given by President
Roosevelt last year.
The matter made public by Mt. Bona
parte IS a complete statement OF the ad-
ministration's side OF the case. but the
Judiciary Committee Of the Senate VIII
proceed with its investigation Of the mat
ter
George W Perkins, Of New York, has
been subpoenaed to appear before the
committee. and he viii be examined to
day. Oakley ThOrne. president OF the
Trust Company Of America, who has also
been summoned, viii appear Monday
Letter Made Public
Attorney General Bonaparte made
which he addressed TO Chairman Clark.
Of the judiciary Committee. on January
y. This letter IN part is as follows:
Ny Dear Senator I am duly in receipt
OF your letter OF the 18th instant inform
ing me OF ;he adoption By the Senate OF
the resolution Of inquiry.
on November 4, 1907, the President
addressed 10 me a letter Of which 7 in
close copy AT the tine Of the visit
10 him by Messrs. Frick and Gary, 10
which reference is made in this letter,
was absent from Washington. but after
the letter had been written and before
il had reached me I had a conversation
with the President, in which I vas in
formed. in substance, OF the facts stated
more IN detail IN the letter Itself. In this
conversation I advised the President that.
so far as the Department Of Justice was
Informed. no reason existed 10 believe
that tne United States steel Corporation,
Or its officers. directors. OF stockholders
were subject TO prosecution or civil ac-
ton under TIE Sherman antitrust law.
and that. supposing such TO be the fact.
the information conveyed 20 him by
Messrs- FTick and Gary did not mate
rally alter the existing situauon.
added the statement IN substance.
that. in my opinion, based upon certain
decisions Of the Supreme Court, and espe-
oially the knight case 05s [. s, y, the
transaction said by Messrs. Frick and
Gary 10 be in contemplation would not.
n itself, constitute an offense against
the said law or furnish ground for ac-
ton by the government to enjoin its con
summation: but Il this transaction had
been preceded or should be followed by
q series o. others Of Ike nature. a mate
rally different situation would De pre-
sented and the case would become. in
some measure. analogous 10 those Of the
Standard OIL Company and the tobacco
trust and other combinations Of the like
nature.
In the same conversation, the Presi-
dent asked my opinion as 10 the legal
correctness Of the attitude he had as
suned in his conversation with the gen
tlemen in question, that attitude being.
IN substance that, while he had no right
70 advise them 70 take the course they
proposed or make any suggestion TO them
in the premises. he was not called upon
10 interpose any objection; and I replied
that, IN my opinion, such course BY the
President was strictly appropriate under
the law.
Department Stood Ready.
The Department Of Justice has stood
ready, at all times, to take suitable ac-
ton with respect 10 any alleged violation
Of law on the part Of the United States
Steel Corporation or any other corpora
tiOn. or individual, upon receiving IN
formation from trustworthy sources fur
nishing some reasonable ground for the
belief that such violation Of law had oc-
CURED; but no such information has
been furnished regarding the United
States Steel Corporation, nor has any
specific charge or complaint against the
said corporation been presented 70 the
department from any source whatever.
! remain, very respectfully.
CHARLES J. B0NAPARTE.
Attorney General 80
The Attorney General also published in
part the legal opinion in which he ad-
vised Herbert Knox Smith, regarding his
obligation 20 obey the subpoena OF the
judiciary Committee. In this opinion he
held that Section OF the act TO estab-
Hsh the Department Of Commerce and
Labor. while authorizing the collection by
inquisitoriaI 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
ar BOnaparte. therefore. advised Mr..
Smith that il was not permissible for
him TO disCiJse the data and information
collected by the Bureau OF Corporations
unless BY the special direction OF the
President -
Advised Mr.. Smith.
The Attorney General adds thai 1t would
be proper for the commissioner 10 i'm
mediately refer the matter to the Presi-
dent. transmit 10 him. II practicable. the
documents in question. and thus enable
him TO determine what portion Of the
data desired would be suitable for dis
closure by communication 20 the sub
committee Of the Senate
He states that the subpoena. strictly
construed, requires the production only
Of documents relating to both CORPORA
tons. not Of documents relating to either
one OF them. but SAYS be gives his ad-
vice as above without regard 70 any
question OF mere form