New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-14
D|SAPPO|NTS THEM
Sugar investigators Fail to Make
Point Against Roosevelt.
DISMISSAL OF EARLE SUIT
Former Assistant Attorney Gen
eral Does Not Know Why
Bonaparte Dropped Il.
lrrom The Tribune Bureau.

From The Tribune Bureau.
| Washington. July i3.-Failure to prove by
| the testimony OF ex-Assistant Attorney
| General Purdy that President Roosevelt
was responsible for the failure to prosecute
| tho American Sugar Refining Company i'm
! 1905 because OF its absorption of the Penn
| sylvania Refining Company was a serious
disappointment 10 the House sugar inves-
| tlgat!ng committee to-day. George H. Earle.
! jr, Of Philadelphia, receiver for tho cor
related Philadelphia Real Estate Trust
| Company, roundly denounced the former
President when he appeared before the
committee, and the sugar probers have been
setting much store oy tho prospective tes-
| timony OF Mr.. Purdy.
Mr. Purdy acknowledged that he thought
| the case against the American Sugar Re-
/ hning Company at that time might have
warranted prosecution. when Mr.. Bona
parte was made Attorney General. MI.
Purdy said, he placed the matter before
him.
Il never reported this matter TO the Pres
ident, and | did not report any other mat
ter to Mr.. Roosevelt" said Mr.. Purdy. Il
made my report only to my superior officer,
the Attorney General"
Mr.. Purdy said he did not recall that At
torney General Bonapartc had given his
reasons for not ordering the prosecution,
but he assumed it was because Mir. Bona
parte did not believe tho evidence suill-
| Gent to warrant action. In view OF the
Knight case decision, there we're great dit
! ferences of opinion among lawyers as to
the exact Interpretation of the antitrust
| law.
Did the Attorney General ever tell you
| that the knight case controlled III this In
stance and that prosecution was use
| ess?" asked Representative Sulzer
I'VE probably discussed the Knight case,
| but ! do not recall it, answered Mr..
Purdy.
Mr.. Purdy explained that he was Acting
Attorney General in the interim between
the resignation Of Attorney General Moody
and the appointment OF Mr. Bcnaparte. late
in 1906. IL was In this capacity that he re-
ceived a complaint from Mr.. Earle, who at
! that time was pursuing the sugar conf
pany officials. Mr.. Purdy said ne sui
thought the American company might nave
| been prosecuted successfully. but that MI.
| Ronaparte evidently disagreed with hi7a.
Democratic members of the committee
sough. to draw from Mr.. Purdy Somc crit
iclsm OF tue fact that he was not conrrfned
/ for A place on the federal bench.
Don't you think il was because OF your
| fesrlessness in expressing your Vows ABOUT
| trust prosecutions that you were not con-
frrned by the Senate?' demanded Repre-
! sentative Rsker.
81 don't know anything about that an
/ swered Mr.. Pudy. 49,.
| "Iveu I'll leave the matter there ahd io'
the public Judge" said Mr.. Raker' set'"i'e
| hack in his chair with saushed an
The tariff was subject OF long discus
sion among members Of the cornnnltIee ol''
| Frank :. Lowry. Of the Federal sugar nc
! fning COMPANY. Mr. Lowry adVocdoeu u
reduction Of the duty. He reterrea u III.
hoe. sugar manuls cturers as aHleS -
the American Sugar RehninS CoH'panS
and said ne thought such an aIlaiice ''4t
heen conclusvely shown at Tue presn'
hearing He did not believe that ths CIV
or,,r,snt's uendine claim Of $1,000 against
a.. tr,,st for underweight frauds "ouid DC
,re.ssd and that II II It Vas II Tou'n p@
defended. ,-, .sia
49,. panartroant Of Justice informed him TO
dav tba, the claim would be pressed as
sooh as the Assistant Attorney 1eheFal'
wbo has charr. Of the case, RECEIVERS from
a rrotracted Illness wi.
when the committee goes to New % ~
,.x, week IL will send subcommittee 70
the home OF John Arbuckle. head OF Al
huckle Brothers, # Mr.. Arouckie IS uhaol7
- .rnear az the hearing there. He IS 100
an 70 come TO Washington and propao'y
IN M he able 70 attend the New 1orh
hearing Mr. Arbuckle is expected hy the
,or,r,ittee 10 give important information
corcorr,ne the operations of the trust
r., ,.narirg will begin at the custom
House next Tuesday morning