The Montgomery advertiser., 1909-01-29
DOCUMENTS MADE PUBLIC Pending Inquiry of Steel
 Merger. PAPERS GIVEN TO PRESS Facts Connected With the Trans
 action Are Stated. Attorney general Boraparss say. the Course of Pre.,ae.t Rso.eveis
 wss strictly Appropriate
 Unaer shs Law. I E
PAPERS GIVEN TO PRESS
A.'or.ey asser.I ae.as.r.s s.,. .as

Washington. D.. C., Jan. 2s-The De- partment of Justice late today made public the documents and corresponds ence relating to the pending inquiry before the committee on the Judiciary of the Senate with respect to the ai- aeged merger of the Tennessee Coal, Iron ana Railway Company with the United sfates Steel Corporation. These papers were given to the press after Conversation between the Att torney Feneral and Senator Clark, chsirmaf of the committee. in which tt was sscertained that there would be no election to their publication. They cotained a letter dated January 1s from Senator Clark to the Attorney General, inforndng him that the, sub oomrnitte would meet on January 21 s'and wdld be glad to have you appear before | if you desire to do SO anh submit ny matter which you may see proper , submit"
 In acknowledgement of this letter. the Attfney General wrote on January 30. sayiIg:
 '.Impfatfve officlai engagements would iake dificult for me to be pres ent at he time mentioned, and think can snder all the assistance which ds in ry power to the committee bv transmitting to you in this letter. a statanht of the facts as known to the departient.
 The htter states the facts connected with tk transaction in question as set forth h the Presidents message to Congrss on the subject: states that the wtter advised the President that fhe tFasaction. standing alone, did not constflte violation of the antitrust law. hd that his (the PresIdent,sl rotifs in refusing to interfere In any way n the matter. twas strictly ap- prophte under the law
 Tn letter closed with a statement ehatIhe Department of Justice has al- wayibeen ready to prosecute the Unit cd Sites Steel Corporation or any oth- er {fporation or individual for any thin which did constitute violation of te law as understood by the de- parhent.
 Tere follows a letter from Che com miAoneP of corDorstiors. dated Ian- uaf 22 informing the Attorney Gen. ergs that he had been subpoenaed to apsar before the subcommittee of subcommittee of the Judiciary of the Gekte and to produce ali papers re- lahg to the steel corporation and the TSnessee Coal ana Iron Company. living appeared Tn obedience to the eyamons, he was directed to produce
 hR098E1FA1l tl corporation; that he had obtained Mielay in order to secure legal advice A to his duty in the premises and by Skeetion of the President. that he sub- sSttsd the facts 10 the Attorney Gen. al for an opinion. H
 A Lengthy 0panspr. z. z.
 The Attorney General replied on the fme date in lengthys opinion. In Shich he holds that section six of the "A. "A nk~f -.a commerce and Labor. while authorfz- hg the collection. by inquisitorfal pro- seas. nf inforaation by the commis- Bioner of Corporations. provided that only 80 much of this information as the President may direct, shall be made public. The. Attorney General shows that this limitation on they use of in- Formation so collected was in con- formfty with the intent of the fourth to the Consultation was recognized and commented upon in the debatss in Congress preceding the adoption of the law and was in acc0rd- ancs with settled departmental Drac& tlces.
 He calls attentionto to the two instan- ces in the prosecution of the "beef trust and in the prosecution of the ''tobacco trust" in which his own rep had been denied access to the records in the custody Of the cor quotes an opinion of Caleb Cushing, then Attorney General. to the effect that stibaeQuont resolutions of &he House of Congress has no legal efect to restrain the President or ta~e heads Of the departments, and points out under the terms of section eight of tie same act, the House may obtain of this character when de- sired by a resolution directing an in- vestigation and report by the Seera. tary of Commerce. ami Labor.
 He concludes:
 '.I am therefore compelled to advise you that 1t is not permissible for yoii to disclose the Information and data collected by the Bureau of Corpora, tion unless by special direction of the President" ss
 The Attorney General adds that is would be proper for the commissioner to refer the matter to the President. transmit to him if practical the doe. unlents in question and thus enable him to determine what portion of the data desired would be suitable for dis closure by communication to. the sups committee of the Senate.
 He states that the subpoena, stractiy construed. requires the production only of documents relating to both corpora tdOns not of documents relating to either one Of them. but says. he gives fiy advice, without regard to the ques- tion of mere form.