Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1909-01-15
PRESIDENT HANDS A
REBUkE TO SENATE
Attorney General Is Not Sub
ject to Direction of the
Congress.

Washington. Jan. 9-President Roose-
Welt informed the Senate in plain terms
that he had approved the absorption or
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
ii to be within the authority Of the
Senate to give directions Of this char
acter to the head of an executive de-
partment."
The message is in esponse TO a res
olution introduced by Senator Culber-
son calling on the attorney general to
state whether he had brought al action
against the steel company because OF
it's acquisition of the Tennessee con-
Germ.
Commenting on the attorney gem
erals letter, the president says:
las to the transaction In question, L
was personally cognizant OF and re-
sponsible for its every detail. For the
information of the Senate, l transmit
a o of a letter sent by me to the
attorney general on November 4, 1907,
as follows:
Ny Dear Attorney General: Judge Il. II.
Gary and Mr.. III. c. Prick on behalf OF the
steel corporation have just called upon me.
They state that there Is a certain bust
ness firm (the name of which l have not
been told, but which Is Of real Importance
In New York business ~circleS) which VIII
undoubtedly fail this week IL help Is not
given. Among it's assets are a 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 In
formed me that as a mere business trans
action they do not care to purchase the
stock, that under ordinary circumstances
they would not consider purchasing the
stock, but little benefit will come to the
steel corporation from the purchase; that
they are aware tina the purchase will be
used as a handle for attack on them on
the ground that they are e~ndeayoring to
secure a monopoly of the business and pre-
vent competition-not that this would rep
resent what could honestly be said, but
what might recklessly and untruthfnlly be
said.
They inform me that as a matter OF fact
the policy OF the ompany has been to de-
cline to acquire more han GO per cent OF
the steel properties and that this has been
persevered In for several years past with
the object of preventing these accusations,
and as a matter of fact their proportion
of steel properties has slightly decreased,
so that 1t is below this 90 per cent, and the
acquisition of the property In question will
not raise 1T above 60 per cent. But they
feel Ii is immensely to their interest, as
well as TO the interest of every response
BILE business man, to try to prevent a panic
dilu tit ol sAAioFtAbP ~ thAtD NAiAiC dtlh
they are willing TO go into this transac-
ton, they would not otherwise go into,
because il seems the opinion of those best
fitted to express Judgment In New York,
that IL will be an important factor In pre-
venting a break that might be ruinous and
that has been urged upon them by a COM
bination of the most responsible mixer
of New York who are now thus engaged
in ~endeavoring to save the situation, but
they asserted they did not wish to do this
IL I stated that 1t ought not to be done. /
-...r-. Nlnf NvhtlA % ant,HcA n ADt.t 49,
advise them to take the action proposed. l
felt II no public duty OF mine to interpose
an objection. Sincerely yours,
Hon. Chas. ]. Bonaparte. Attorney Gen
eral.
After sending this letter, I was add
vised orally by the attorney general
that in his opinion no sufficient ground
existed for legal proceedings against
the steel corporation. and that the sit
uation had in no way been changed by
it's acquisition of the Tennessee Coal
and Iron company.
"None Of Your Business
II have thus given to the Sena all
the information in the possession of the
executive departments which appears
to me to be material or %elevant on
the subject of the resolution. I feel
bound, however, TO add that / have in
structed the attorney general not to
respord 30 that portion of tire resolu-
tion which calls for a statement Of his
reasons for ~nonactfon. ] have done so
because | do not conceive 1t to be with
I'm the authority OF the Senate to give
directions OF this character to the head
of an executive department or 10 de-
mand from him reasons for his action.
Heads OF the executive departments
are subject to the constitution and To
the laws passed by congress i'm pur-
suance of the constitution and TO the
directions Of the president OF the Unit
ed States, but no other direction what
ever.
Theodore Roosevelt.
The White House, January s, 1909"