New-York tribune., 1909-06-29
NAY DROP SUGAR CASE
CANNOT TNDICT, COUNSEL
TELL MR. WISE.
Say Statute of Limitations Applies
to american Refining Conn pany
Still Before Jury.

As result Of a conference yesterday between
Henry a. Wise, United States Attorney, and
John G Milburn, representing the American
Sugar Refining Company; William D Guthrie
for Gustav Z. Kissel and John NJ. Bowers. for
John z Parsons a director of the American
company. and regular counsel the government
investigation 10 find out whether the company
had violated the Sherman antitrust law may
come to naught The counsel called Nj Wise's
attention to the clause in the law limiting the
liability of company violating the act to three
years after its commission
The foundation for the effort TO find indict-
r2ents against the American company was in
the recent Pennsylvania Sugar Refining Com
pany suit when it was alleged that the An2eri-
can company had through loan 10 Ado!ph
SegaI prevented a competing company from
doing business. As this loan was made on De-
cernber go 1908 and the resolution shutting
down the Pennsylvania company plant was
passed the same day. the action, If in restraint
of trade it was held was clearly outlawed
Messrs Milburn, Guthrie and Bowers we're
with Mr. Wise for an hour and at the close OF
their talk the United States Attorney said that
he would not leave here for Paris in connection
with the Panama Canal libel case until Satur-
dav. instead of tomorrow. He sent for the
assistant who has been conduct 'ng the investi-
cation before the federal grand jury and had a
long interview with him The grand jury was
in session but adjourned soon after l o'clock,
after examining William H Ramsey formerly
president of the Pennsylvania Sugar Refining
Company; B Gordon Bromley. Philadelphia
lawyer. and E 3 Smith also of Philadelphia
Mr. Wise and his assistant had another long
conference in the afternoon and the material
placed before the grand jury and gathered from
the books and records of the two companies
Cd tO
the investigation to find out whether a case
might not after all be made out The grand
iu-1- will be N session to-day, and Mr.. Wise
decided that he would sail this morning instead
of on Saturday or tomorrow.
Il was said that the jury should complete its
inquiry in two weeks. and that i in that time
no progress toward the finding Of indictable
matter was made there would be an adjourn
rrent Of the case until Mr.. Wise returned. the
first week in August
There was great reluctance in the federal
building TO admit that obstacle to the
prosecution Of the American company had been
encountered- but from trustworthy source it
was learned that unless some evidence o. ao-
tior b., the company in restraint OF trade other
than that brought out in the Pennsylvania Com
panvs suit should be found there would be no
indictments
The carrying Of the loan and the exercise OF
the powers IT conferred after its consumml alton
on December go. 1903. il was said could not
be considered as indictatle. and, Furthermore.
this was nullifed. a federal lawyer said, by the
fact that the American company made repeat
ed efforts 10 collect the loan about three Years
ago
The visit of the three lawyers to Mr.. Wise
was made before the opening of the latters
once. They had agreed TO explain the legal
situation TO the United States Attorney and NIr-
Miburn especially represented to him the posi-
ton Of the company, which has expressed
through its president, Washington B. Thomas.
willingness 10 aid the government in the short
weight frauds and other matters which occurred
prior to the raid on the Havenleyer 81 Elder
docks in November. 1907