New-York tribune., 1910-09-05
MUST HURRY SUGAR SUIT
President Taft Urges On Action
to Dissolve Combination.
FEAR IMMUNITY PLEAS
Summons Issued So That Statute
of Limitation Gould Not Be
Used as Bar.

President Taft wants the civil suit TO
dissolve the combination Of which the
American Sugar Refining Company IS
the head pushed as quickly as nosslhle-
He told Henry A Wise, the Urlted
States Attorney, that much When
the latter saw him at Beverly last
week Mr. Wise got a hurry message
which sent him on the first aVallapie
train for the Massachusetts, town he
took with him such data as would sho"
what progress had been made.
O+hAr things were talked about, mat
+ars in connection with the United
States Attorneys Office here put
thar was only after the sugar case
had been thrashed out. Mr.. Wise came
back To this city on THURSDAY He con
fe-e9 with the assistant who nas beer
ar work on the sugar case ever since tue
Investigation was begun. last autumn.
Far into the night and the next DAY
thew worked The result is that the
oaners have been prepared ana tof-
warded to Washington.
II was said yesterday that the gov
eminent will ask the courts To dissolve
the American Sugar Refining Company,
on the ground that it is combination
:, restraint Of trade in violation OF the
Sherman antitrust act Just what
method of dissolution will be followed
# the government wins its 2as@ has not
been determined, but the government
il vas said, might have TO ask Tor the
appointnnent of d receiver. II there
should be obduracy on the part of the
company.
Follows First Action.
The civil suit will be the continuation
in way of the prosecution that was
begun by the government after 'he
se++1en,en+ by the American Sugar Re
Aning Company of the suit of the Penn
svlvania Sugar Refining Company for
500 0no 600 triple damages under the
Sherman act. The federal grand jury
indicted the company and officers ana
directors on July / of last year. But
there was defect in the proceedings
IN that nearly all of the men indeed
could obtain immunity.
Gustav z. Kissel, a broker concerned
in the Pennsylvania Sugar Refining
Cornnanv case. and the counsel who had
much 70 do with the transactions,
Thomas B. Harmed had been indicted
They demurred before Judge Holt IN me
United States Circuit Court, pleading
the statute of limitations. They won
That startled the federal counsel, and
after consultation with Attorney Cen
eraI Wickersham il was decided TO be
gin an investigation for the purpose or
bringing a civil suit.
Much secrecy was maintained in the /
new proceeding until in December of /
last wear. while the short weighing fraud
cases we're on trial. it was learned that |
the federal grand jury was active IN |
aiding the United States Attorney IN |
getting the evidence Among the wit /
nesses called was Charles R Heike then |
secretary of the company. and this fact
led to his plea of immunity when he was
indicted in q continuation OF the fraud |
cases Mr. Heike was convicted. but |
the fact that he was before the federal |
grand Jury testifying in the Sherman |
Law investigation viii be used by his |
counsel in a new effort to free him.
Evidence in Many Places.
The investiga ton that eliminated in |
the preparation Of papers in the civil |
suit took an assistant of the United /
States Attorney far afeld. He went TO /
Denver. where he got evidence Of beet
sugar absorptions by the American COM /
pany; thence he went to San Francisco,
and spent over a month getting evi- /
dpnCe for use in the brief 1t was
thought at one time that this assistant
would have to go To Hawaii To obtain
more facts of Spreckels's association
with the controlling concern, but ii was
decided that enough material for the suit
had been secured
So much fear was there that the civil
s,lir might be permitted TO drag along
bevond the period within which the
statute OF limitations could be set up as
q ulea that a summons was Issued a bout
tw-o weeks ago SO that the prosecution /
might go on record. The apers viii be
examined by William s Kenyon, the as
sistant to Mr. Wickersham. who has
charge Of the department concerned with |.
under the Sherman act Il ?
was said yesterday that everything
would he in readiness 10 fle the papers
b, the tine the Attorney General re-
t2r!. from his Alaskan Journey.