Evening star., 1911-05-31
TESTIMONY AT INQUIRY
Attorney General Formerly Advised
the Steel Combine.
QUESTIONED AS TO FEES PAID
Says Henry L. Stimson Received
$4,000 for Work In the
Sugar Prosecutions.

tifying today before the House commit
tee on expenditures In the Department
Of Justice. expressed the opinion that
in the future there will be more effort
to secure criminal conviction Of VIOLA
tors of the antitrust law, as result
Of the recent decision Of the Supreme
Court.
Asked why the government had thus
far failed to put any trust men in
prison. the Attorney General said:
I'VE have done the best we could,
but 1t must be admitted that there has
been an unwillingness on the part of
juries and courts to sentence men to
prison under the terms Of the anti
trust law.
Until the Supreme Court laid down its
definite construction Of the law in the
two cases just decided this reluctance
was well understood, for the law always
has been open to question and has been
construed in different ways by many
different courts.
Il think change Is coming in the at
titude Of jurfes. They are becoming
more willing to convict violators Of the
Sherman law. Judges who have been
reluctant to impose prison sentences now
have the decision OF the Supreme Court
to sustain them. In the government
cases we repeatedly have encountered this
attitude Of opposition to prison sentences.
Il think 1t will be materially modified
by the Supreme Court decision"
Mr.. Wickersham added that he believed
the prison sentence would be the most
effective means Of enforcing respect for
the antitrust law. Criminal prosecutions
now are pending against the meat pack
ers, milk Dealers grocers. the naval
stores combination, the window glass
combination and other alleged violators
of the antitrust law, and there will be
other criminal prosecution.
Advised Steel Trust.
Mr.. wickersham stated that while a
member of the law firm Of Strong 4 Cad
wallader, before he became Attorney Gen.
eral. he had upon several occasions ad-
vised the United States Steel Corporation
This statement was brought out in
the course of the inquiry Of the COM
mittee into the prosecution. of the
sugar trust and the sales of the friars'
lands in the Philippines to the Amer-
can Sugar Refining Company.
Mr.. Wickersham told the committee
that Henry w. Taft. brother OF the
President, had at one time been the coun-
sci of the sugar trust. and that he HIM
self had shared in the fee Mr.. Taft had
turned into the firm. about $4,000.
John Henry Hammond became connect
ed with the firm Of Strong 4 Cadwallader
after Mr.. Wickersham left 1t to become
ATTORNEY General, and subsequently Mr..
Hammond represented the sugar trust
in the purchase of the friar lands. When
Mr.. Wickersham rendered his opinion.
which permitted the sale Of those lands
to the trust, he was not aware that Ham
mond represented Havemeyer, president
Of the American Sugar Refining Company.
Chairman Beall questioned the Attor-
ney General as to the connection. II
any Of the nrm a with the hsv trusts snv connec
ton with the steel trust" asked
Chairman Beall.
II personally advised the United
States steel Corporation in one or two
matters" replied Mr.. Wickersham.
Acted Several Times.
During what period?" asked Chair
man Beall.
Between 1905 and 1909. That was be-
fore became Attorney General. 1t was
upon several occasions, perhaps four or
five"
The Attorney General. replying to a
question, said that the firm had repre-
Sented the New York Cotton Exchange
and he was under the impression that
henry w. Taft still continues in the
capacity Of counsel for the exchange.
Chairman Beall then entered upon
line of questioning to develop why the
Department of justice and the Treas
ury Department had accepted from the
sugar trust $2,OOO.O0O, as restitution
for the undervaluations at New York.
instead Of forcing the payment OF the
penalties provided by law.
The Attorney General replied that the
department felt that 1t did not have
SUFFICIENT evidence upon which to sup
port a claim for penalties. He said
it was believed the sugar company had
made restitution because of its fear
that the penalties would be enforced
against it.
:.Then," said Chairman Beall. 'ft was
your judgment that. although the gov
ernment had access to a memorandum
book showing the real weight or the
sugar imported and the books showing
the fraudulent weights. the government
might have failed to enforce the penal
ties?"
Thought Settlement Advisable.
IT deemed 1t sufficiently dubious to
make it inexpedient to go on" replied
the Attorney General. I'm my opinion
the settlement on the basis Of payment OF
s., ,OOO. 900 was the best arrangement to be
made in the circumstances.
Continuing. the Attorney General de-
clared that only Henry o. Havemeyer.
now dead. and Charles r. Heike. at pres
ent under criminal prosecution in connec-
tion with the frauds, could have had
actual knowledge. OF the fraudulent
weighing scheme.
The Attorney General declared there
was not sufficient evidence to connect the
directors of the American Sugar Refining
Company with the acts.
Chairman Beall then questioned the
Attorney General as to some OF the fees
paid assistant attorneys general He said
that Henry L. Stimson. now Secretary Of
War. had received a fee OF $4,000 for
his work in the sugar prosecutions which
the Attorney General regarded as fair
While district attorney Mr.. Stimson had
received $4,000 year. but resigned to
enter private practice, and It was only
after persuasion that Mr.. Stimson had
consented to appear as the governments Q
In the proceedings against the
sugar trust.
Snohomish, Wash, Stores Burned.
EVERETT. WASH. May 3l.-Fire yes
<erAay DESTROYED thirty-fiy0 bugineea