Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-29
Earle Follows Up His Attack
on Former President.
TALKED LATIN TO HIM
Also Slapped Him on the Back, But
Didn't Prosecute Sugar Trust.
TARIFF BREAKS INTO HEARING
Chance Remark Of Witness Starts
Discussion Between Republican
and Democratic Members.

IT used To think Theodore Roosevelt
was the greatest man in the universe.
and the people of Kansas still do do
clared George n. Earle. jr. of Philadel-
phia, when he resumed his testimony to-
day before the House sugar trust investi-
eating committee. Mr. Earle told how
MIR. Roosevelt once talked to him In
Latin, and In more serious vein discussed
the sugar trust and the tariff
Mr.. Earle. who was the most active
pursuer OF the American Sugar Refining
Company after the wrecking of the Real
Estate Trust Company and closing of the
Pennsylvania Sugar Refining Company.
told the committee yesterday thai former
President Roosevelt had lost his prefer
ence for big game in not prosecuting
the sugar trust officials in that case.
Have you ever had any trouble with
Mr. Roosevelt asked Chairman Hard
wick today.
None at all / voted for him twice and
stumped for him and when ] wrote to
him about this case l was sure some
thing would be q :"
Never had any communication with
him since?'
NO. / never met Mr.. Roosevelt but
once since l left Harvard. and that was
me if my career at Harvard had done me
any good.
Made Him "Feel Silly
Il told Mr.. Roosevelt that 1 didn't
know. Then in that peculiar enunciation
which he possesses. he quoted something
TO me in Latin, which l couldn't by any
chance understand. Being examined in
Latin by the President Of the United
States made me feel silly. so ! smiled.
and the President slapped me on the back
and said
course. did not. but by smiling 1t made
him think SO. That's the only conversa-
tion remember having had with Roose-
Welt in many years.
HAS your activity in the sugar case
caused you any persecution by the sugar
trust people?"
None at all Some Of the sugar trust
people are my personal friends. Mr.
Thomas was my classmate at Harvard
and Mr. George Frazier Is my personal
friend. In all this transaction 1 never
found anything that reflected on them
In relating the history OF the case Mr..
Earle touched upon the tragic results. in
cluding the physical collapse of Adolph
Segal. the death of Gustave Kissell and
the suicide of FrankK X. Hippell.
Chairman Hardwick queried the witness
about tarir matters. Il think with Gar
good thing when it leads to free trade"
This precipitated tariff discussion be-
tween the democratic and republican
members OF the committee.
Upholds the Sherman Act
Then the testimony shifted to an argu-
ment on the Sherman antitrust law. re-
viewing Supreme Court decisions during
recent years.
hoy rfn ~ -hN
would change the Sherman act" said Mr..
Earle. 1T is the best-tested law In the
word. and dates back to the time of
Zeno in Greek and Roman times.
Mr.. Justice White was entirely right
in saying that restraint of trade is left
very indefinite in the act
Suppose we should amend the Sher-
man law suggested Representative Mad
ison OF Kansas. so as to provide that
the proof of restraint of trade should be
prima facie evidence that IT was undue
unreasonable"
THAT is what the law is now" Mr..
Earle replied. Mr.. Justice Whites de-
cision was only a dictum. He says you
can restrain trade. but you must not
make 1t unduiy less. The common law
is that you must not do anything that
hurts the public
'All you gentlemen can do Is to pre-
won't private gain that is injurious to the
public.
Il rather disagree with the interpreta-
ticn that you can make less trade but
not unduIy reduce 1t. because how am
to know that my restraint will not be
regarded as undue by four or five others
not In my business? Mr.. Justice White
might not have made that distinction had
the matter been fully argued The whole
trouble originated I'm the trans Missouri
case. because the court assumed the COM
mon law and did not examine it. The
court says you can cut down general
trade, provided you don't do 1t too much. =
The common Law never recognized any
restraint that works for private gain to
the injury OF the public welfare"
Madison Defends Roosevelt.
Mr.. Earle's criticism OF former
President Roosevelt aroused Repre-
sentative Madison of Kansas. who said
Mr. Roosevelt relied on Attorney Cen
eral Bonaparte for advice md the
committee had no evidence that the
President acted from improper mo-
tives Mr.. Earle retorted that Mr..
Purdy. ad interim Attorney General.
was anxious to proceed.
Mr.. Madison insisted upon reading Mr..
Bonaparte's decision in the sugar trust
rase, upon which he insisted Mr.. Roose-
velt had TO lean.
You gentlemen will never prosecute
anybody IL you try to find excuses for
officers who neglect their duty said Mr..
Il am not attempting to excuse Mr.
Bonaparte.' said Mr.. Madison. "The
President Of the United States relied on
his law ofiicer for advice. and there is no
evidence before this committee that the
President acted from improper motives
don't agree with the opinion OF the At
torney General. / am one of those people
OF Kansas who still believe In the integ-
rity of Mr.. Roosevelt
1T Is just that you should said Mr.
Earle. 'Ill trust the people of Kansas
TO judge whether il was right for the
President not TO act when he knew that
his ad interim Attorney General, Mr.
Purdy. was anxious TO proceed. and that
there was valuable evidence that might
be lost
offered to Debate.
81 offered TO debate this matter with
Mr. Roosevelt in New York. He did not
accept my challenge and neglected ar
opportunitY to overMhelm me Do Vol