Omaha daily bee., 1909-01-07
SHARP LETTER TO SENATE
President Answers Request Made to
Attorney General for Information.
NO RIGHT TO ASK QUESTION
Lawmakers Are Told that Heads of
Executive Departments Are Re-
spOnsibIe to President Only
for Their OmcIaI Acta.

WASHINGTON, Jan. 6-President Roose-
welt today informed the senate in plain
terms that he had approved the absorption
OF the Tennessee Coal and Iron company
by the United States Steel corporation and
had instructed Attorney General Bonaparte
not to respond to the senate inquiry as TO
the reason for his failure to prosecute the
steel company. The president declares he
does not conceive to 'be within the author
ty of the senate to give directions Of this
character to the head Of an executive de-
partment"
The message is in response to resolution
introduced by Senator Culberson calling on
the attorney general to state whether he
had brought an action against the steel
company because of it's acquisition of the
Tennessee concern. While the resolution
was not directed to President Roosevelt,
his attention was called to it by Attorney
General Bonaparte.
Commenting on the attorney generals let
ter the president says:
"As to the transaction in question / was
personally cognlzant of and responsible for
it's every detail. For the information of
the senate I transmit a copy of a letter
sent by me to the attorney general on No
vember 4. 1907, as follows:
MY Dear Attorney General: Judge f. II.
Gary and Mr.. Fl. G.. FTick, on behalf of the
| steel corporation have just called upon me.
They state that there is certain business
told, but which is of real Importance in
New York business circles) which will un-
doubtedly fall this week If help is not given.
Among it's assets are majority of the
securities of the Tennessee Coal company.
Application has been urgently made TO the
steel corporation to purchase this stock as
the only means of avoiding a failure.
Judge Gary and Mr.. Frick informed me that
as mere business transaction they do not
care to purchase the stock. that under ordi-
| nary circumstances they would not consider
purchasing the stock, but little benefit will
come to the steel corporation from the pur-
chase will be used as handle for attack on
| them on the ground that they are endeaVor-
ing TO secure a monopoly OF the business
would represent what could honestly be
said, but what might recklessly and un-
truthfully be said.
| They inform me that as a matter of fact
. the policy of the company has been to de-
cline to acquire more than 60 per cent OF
| the steel properties, and that this has been
| persevered in for several years past. with
| the object Of preventing these accuse tions.
and as matter Of fact their proportion OF
/ steel properties has slightly decreased SO
| that II Is below this 60 per cent and the ac-
| QUESTION or the property in question will
| not raise II above 60 per cent. But they
| feel II Is immensely to their interest as tc
| the interest OF every responsible business
| man. TO try TO prevent panic and general
| industrial smashup at this time, and that
they are willing to go into this transaction
! which they would not otherwise go into
| because II seems the opinion of those besi
| fitted to express judgment I'm New York
that II viii be an important factor I'm pre-
| venting break that might be ruinous and
! that has been urged upon them by IN,
| combination of the most responsible bank.
ers OF New York, who are now thus en-,
gagged In endeavoring to save the situation
but they asserted they did not wish to DC
this IL l stated that II ought not TO be
done. l answered that while, of course.
could not advise them to take the actor
proposed, felt It no public duty OF min,
| to interpOSe an objection. Sincerely yours,
THEODORE ROOSEVELT.
Hon. Charles j. BoRaparte, Attorney
after sending this letter I was advised
orally by the attorney general that in hii
opinion no sufficient ground existed fol
legal proceedings against the steel corpora
tion aid that the situation had in no wa,
been changed by its acquisition Of the Ten
nessee Coal and Iron company.
II have thus given to the senate all tn,
! information in the possession OF the ex
ecutive departments which appears to m,
| to be material or relevant on the subjec
OF the resolution. feel bound however, I,
add that ] have instructed the attorne,
general not to respond to that portion o
the resolution which calls for a statemen
of his reasons for nonaction. l have don,
so because do not conceive It to be within
the authority OF the senate to give direc
tions of this character to the head Of al
executive department or to demand from
him reasons for his action. Heads OF tn
executive departments are subject to tn
} constitution and to the laws passed by tn
congress in pursuance OF the constitution
and to the directions OF the president of tn
United states, Dut no other direction what
, ever.
u THEODORE ROOSEVELT.
"Ths White House. January 9. 1909"