The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-02
SUGAR TRUST CONTEMPT CASE
sRGUMEVT OVER THE FIIEURE
TO PRODCCE IT'S MOONS.

nlstrioa Attorney wise Contends Tnat
SMeArIng Oulctals Who DrtnG the
Haohs In IL SlmPIy = Ruse To secure
In,muniiy Mr. Beck On IncrImlnatlOn
Judge IAcombe OF the United States
Circuit Court heard argument yesterday
on the order to show cause why the
American Sugar Refining Company should
NOT bs held in contempt Of court for -
failure tn prodpos books. papers and
other documents in response To subpoena
isz,Ied by United States At,orne" lienrT
A. Wise.
The subp9na was served last February
and Charles x. Heike. secretary Of the
sugar company. undertook 20 prodic"
the desired documents and took them 10
the Grand Jury room for that purpos"
He declined. however. to surrender IA"
books unless IA" was sworn personally
This Mr. Wise declined to permit Oh
the ground that Mr.. Hsike had not been
a,Ibpunaed personally and that he did
not ca re- to take any chances OF granting
the sugar Official immunity
Mr.. WiSe told the Court thai the whole
Grand Jury proceedings ia th" sugar
nyestigAtion would be REDUCED Ia farce
IL Oh" production OF the corporations
books should confer immunity on the
person delivering them. II thIs wore
the case Mr. Wise said that the books
could boz apportionsd among all the
sugar officials to deliver. thereby con-
Eerring immunity on all ot them
Judge I-acombs was inclined to agree
with Mr. Wise in this view OF the situation
and said that IL Appeared OF little conss-
alsncs 20 him how the books wer@ pro.
dIIced in the Grand Jury room. He said
he knew Of no Law that would compel an
official OF director "a deliver personally
tho hooks and papers.
company, said tho books must ba pro-
dlIctsd by soT1s oue who could eXpla u
them 70 ths Grand Jury. They Coun
not be left without some protection aRaind
classification. muttlation. alteration or
spoliation.- He made no refection ON
Mr.. Wise. he was careful TO add. nut the
Government in his opinion had become
a powerful engine Of oppression.
There never was a time, said Mr.
Beck, lin all the history % the country
when things were they are now. We
have all rortR OF district attorneys. special
attorneys general. special Assistant aitor-
neys- general. special agents and secret
service men looking into our hooks ana
no-ing in our vaults.
-They're only just beginning. lnterf'o-
lated Judge IAcOmbe.
why isn't il just as abhorrent. con-
tinued Mr.. Beck. TO our ideas OF liberty
10 compel a group Of persons 20 incrin'-
mate themselvcs a. il il to compel the
individual person to do sop-
Mr. Beck added that he believed the
Government had no right whatever 20
the hooks unless "A witness beiore the
Grand Jury produced them. No lDdict
Inent he declared, can be found unle--
on the testimony Of a sworn witness.
In rebuttal 81 Mr.. Beck's argument
Mr.. Wis., said that hs relied more upon
the second subp1na served on the pr"Si.
dent OF the sugar company and one NJ
the directors than on the first -lIbnPna
on tho corporation. which h" admitted
was too broad Tho obstruction put IN
the way OF the Government. said Mr.. Wise.
was merely to gain immunity for the
various sugar officials.
Judge I.acomhe reserved dsci-ion