The Birmingham age-herald., 1909-01-29
Bonapate Tells Why He Gould
 Not Talk of Merger
PRESIDENT BEHIND THE LAW
Attorney General Says Papers Regard ing Absorption of Te nessee Go. Were Withheld Under Con-
 stitutional Provision.

Washington. January 2s-The depart ment of justice late today made public the documents and correspondence relat- ing to the pending inquiry before the committee on Judiciary of the Senate in respect to the alleged merger of the Ten nessee Coal, Iron and Railroad company with the United States Steel corporation. These papers were given to the press after conversation between the Attorney General and Senator Clark, chairman of the committee, in which it was ascer- tained that there would be no objection to their publication. They contain let ter dated January 16 from Senator Clark to the Attorney General informing him that the subcommittee would meet on January 21, "and will be glad to have you appear before it, if you desire to do so, and submit any matter which you may see proper to submit"
 In acknowledgement of this letter the Attorney General wrote on January 20 saying Imperative official engagements would make it difficult for me to be present at the time mentioned and think I can render all the assistance WulCl lS III ny pOWcT lO the committee by transmitting to you in this letter statement of the facts as known to this department
 No Violation of Law.
 The letter states the facts connected with the transaction in question as set forth in the Presidents message to Con- gress 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 his the Presidenea) course in refusing to intsffere in any way in the matter, was strictly appropriate under the law"
 The letter closes with statement that the department of justice has always been ready to prosecute the Utited States Steel i corporation or any othei corporation or i individual for anything which did con- stitute a violation of thu law as under stood by the department
 There follows a letter from the com missioner of corporations dated Januarv 22, informing the AttorIey General that he had been subpoenaed Do appear before the subcommittee of te committee on
 
 the judiciary of the SenAte, and to pro- duce all papers relatiig to the Steel corporation and the Tennessee Coal Iron and Railroad company ;lthat having ap- peared in obedience to the summons he was directed to produce hll papers in his possession relating to eiher corporation: that he had obtained a dslay i,l order to obtain legal advice as td his duty in the premises, and that on ad lice by the Pres ldent he submitted the hcts to the At torney General for an ohnion.
 Information Withheld.
 The Attorney General replied on the same date, in a lengthy opinion in which he holds that section six of the act to establish the department of commerce and labor, while authorizing the collection by inquisitorial process q information by the commissioner of corpbrations provides that only so much of thB information as the President may dired shall be made public. The Attorney General shows that this limitation on the us@ of the informa- ton so collected was in confornnitv with the intent of the fourtl amendment to the constitution, was recognized and commented upon in the debates in Con- gress preceding the adobtion of the law and was in accordance with settled de- partmental practice.
 He calls attention tt two instances in the prosecution of he beef trust'' and in the prosecution Iof the tobacco trust" in which his avn representa- tives had been denied access to the records In the custody lof the commits sioner of corporations; quotes an opin- ion of Caleb Cushingt then attorney general, to the effect | that separate resolutions of either holse of Congress have no legal effect tb constrain the action of the President or of the heads of departments, and points out that under the terms of section eight of the same act either house may obtain information of this department when desired by resolution calling for an investigation and report by the Secre- tary of Commerce and Labor
 Up to the President.
 He concludes: "I am therefore com pelled to advise you that 7 it is not permissible for you to disclose the data and information collected by s the bureau of corporations, unless by the special direction of the President"
 The Attorney General adds it would be proper for the commissioner to re- fer the matter to the President, trans init to him, If practical. the documents in question, and thus enable him to de- termine what portion of the data de- sired would be suitable for disclosure by communication to the subcommittee of the Senate.
 He states that the subpoena, strictly construed, requires the production only of documents relating to both corpora tions, not of documents relating to either one of them, but says he gives his advice without regard to any ques- ton of mere form.
 CuIhers Has +ha Inh