New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-19
Injunction in Suit Against EIec-
tricaI Companies Expected
To Be SCrutinized in
Impeachment Action.
G0VERNMENT WAS BALKED
Judge Also Accepted Plea of
Nolo Contendere from Men
Indicted in Wire Pools
Brought Out by
Investigation.

Among the acts Of Judge Robert w.
Archibald. formerly of the United States
district Court and now member Of
,he Commerce Court, which will be
scrutinized by the Senate during his
trial on impeachment. it is expected
hat an injunction which he granted TO
,srtain officials Of the Westinghouse
electric and Manufacturing Company
,sainst the government in August,
aOs. will play a conspicuous part.
OhiclalS Of the Westinghouse COM
ANY were served with a Subpoena
isees tecum in a grand jury investiga-
ZION conducted in New York TO appear
hsfore that body and to bring with
them all the papers and documents per-
tanning TO agreements between the
various electric companies, Judge
Archibald. on application of counsel for
the company and without informing
the government officials concerned,
issued an injunction preventing all per-
sons from removing any Of the desired
papers from the Pittsburgh Offices OF
the corporation.
This action Of Judge Archibald was
commented upon at the time he made
the order, and has been a matter of
discussion since among lawyers who
-,
who declare that the issue of such an
Injunction was without precedent.
The government officials intrusted by
ATTORNEY General BOnaparte with the
Investigation OF electric companies
we're kept in absolute Ignorance OF the
application for the order and they did
not know that il had been issued until
the hour when the witnesses subpue-
naed were TO appear before the grand
Jury in the Postoffice Building here
Then they were informed that the
Witnesses would not appear, as Judge
Archibald had issued a restraining or
der al Scranton, Penn. which relieved
them from the duty of obeying the
Subpoena. Finally, under threat of ar
rest, the witnesses came before the
grand jury, but they came empty
handed, showing Judge ArChbald's or
der that no document owned by the
Westinghouse Electric and Manu-
iacturing Company could be produced
without his express permission.
Companies Fought Probe.
The grand jury proceeding was
directed against the large electric COM
panies of the country, the Westing
house, the Western and the General
Electric Company. The investigation
vas started simultaneously in New
York. Chicago and Baltimore. but was
soon concentrated In New York. The
soyernment made no secret OF II at
the time that its attempt to find
whether these corporations were within
he Sherman law was baked at every
step by the men controlling these COM
nnies. The only way 10 obtain any
rformation was TO start grand Jury
Eoceedings. q,
As soon as the subpPnas duces
scum were served the law firm OF
Reed, Smith, Shaw e. Beal, of Pitts
surgh. which represented the receivers
Tor the Westinghouse company. set out
% obtain an injunction. Samuel Nc
Gay Pittsburgh lawyer. was sent to
sranton, Penn, and applied for re-
msining order to Judge Archibald, of
ne United States District Court, on
he ground that a removal OF docu-
ments might interfere with the re-
esyership. The application was made
u parte, and the department. received
no warning that II would be made.
The receivers Of the Westinghouse
company were T. Hart Give. president
d the Farmers Deposit Bank of Pitts
oorsh; H. S. A. Stewart, a financier OF
Continued on ninth page, third column.