The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-07
Governments Petition
in Steel Suit Is So
Interpreted.
MUST NOT DESTROY
BOOKS AND PAPERS
Injunction Restraining Defend
ants From Doing Away With
Records Which May Be De-
sired in Antitrust Action
Is Granted by Judge
Gray.

Washington, D. c., February g.
Judge Gray. In the United States Court
OF the Third Circuit has ISSUED an Ia
junction restraining the defendants In
the governments antitrust suit against
the United States steel Corporation
from destroying books and papers de-
sired b. the government.
The Injunction. which Is returna bic
March D. was issued on petition OF
the Department of Justice, which al
leses that several thousand papers and
documents. which were used In the
governments criminal prosecution OF
the wire pool" last fall, have been
destroyed
The Injunction. which is a temporary
/ one, is 10 forbid the destruction OF any
other books or papers which the gov
eminent may desire in the aatitrust
suit.
One portion of the governments petit
ton seems to be susceptible of the in
depreciation that criminal indictments
and prosecutions OF certain officers oil
the Steel Corporation and it's subsid-
iaries are under consideration By the
I Department of Justice The destroyed
papers. 1t is charged, were In a trunk
which, with it's contents. was del,v-
cred on June 90. 1911, by United States
! District Attorney Wise to Charles Mac
Fea9h, general solicitor of the United
States Steel Corporation. who CAV,
written agreement, 1t Is said, that he
would keep the papers in his personal
charge, subject to examination by Mr..
| Wise or his assistants at any time
All Papers Destroyed.
| The government. through Henry L.
I Cotton. special assistant to the Attor-
ney-G General in the dissolution suit
against the Steel Corporation, began
negotiations for these papers in con-
! n sction with the pending proceedings
/ on January &c. r. c. Bouing, assistant
| general solicitor of the Steel Corpora
ton. Informed Mr.. Cotton, it Is alleged.
that the trunk had been returned TO
J the American Steel and Wire Company
! about Octobsr l, 1911, and that all the
papers had been destroyed by Frank
! Baackes. vice-president. and general
sales agent for the wire company.
The papers. IT is charged In the
governments petition, contained mat
t-rs tending to show that j. A. Far
reil formerly president of the United
States Steel Products (exporD Com
pany. now president of the United
States Steel Corporation. not only
knew of said unlawful pools and COM
bnations described. but aided and
ahetted In their successful operation"
The petition AYERS that certain
much wanted documents are in immi-
nent danger of destruction because
There are officers of the United States
Steel Corporation and its subsidiaries
who have not set been indicted for the
practices which said papers tend to
show them guilty of. to-wit: OF having
been involved in the said unlawful
association and because none of the
I said defendants have been indicted in
| respect thereto"
| Through the destruction of the
| papers the petition declares, the gov
haS irr HI IN
| jury"
! In view of the destruction of the
papers. the petition continues Spe-
cial Assistant TO Attorney General
Cotton requested Assistant General
Solicitor Boiling, of the corporation.
February last. ito take appropriate
affirmative action to the end that all
papers belonging to the United States
Steel Corporation and its subsidiary
companies be preserved. SO that the
government might avail Itself OF their
production on the trial of the cause"
Mr.. Boiling has as yet made no
formal reply" II is added. but indI-
Gated verbally to Mr.. Cotton pur-
pose of doing what he could TO comply
with his request"
Desires Papers Preserved.
The petition specifically mentions
number of documents which the gov
,,
claimed. were presented to the grand
; jury Investigating the wire pool
about the same time the trunk full OF
documents was laid before the inquIs-
itors. They were letters and papers
pertaining to the so-called Horseshoe
Manufacturers Association, In which
the American Stsel and Wire Company
was represented by Mr.. Taylor. an off,
cor OF the American Steel ana Wire
Company" and correspondence between
Russell B. Budd, salesman of the
United States Steel Products Company,
and ]. y. Farrell, William P. Palmer
president of the American Steel and
Wire Company; George a. Crag'n,
assistant general sales agsnt of the
! American Steel and Wire Company: n
certain Mr. Rummel Mr.. Taylor. an
officer of the American Steel and Wire
Company Mr.. Merriman, "A sales agent
of the American Steel and Wire Com-
! pany Edwin L. Jackson. supervisor Of
! the various associations. and Louis v.
Hubbard, partner of Jackson and
assistant supervisor of several Of the
| associations"