Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-04-25
Confidential Correspondence in
International Harvester CO. Suit
Sent, Wednesday, to the Senate.

knowledge as to the nature of the case
now in the hands of the department of
justice, but from the expressions of the
attorney general l am inclined to believe
that it is as Mr.. Perkins stated-a purely
technical legal question.
AS to the principle of fair dealing and
good policy involved, l also concur en-
phaueally with the attitude of the com
pany. 1t is certainly true that this COM
pany has been more open with the bu-
reau
Furthermore. the attitude of the Nor
gan interests generally. which control
this company, has been one of active CO.
operation. In the investigation of the
steel industry the United States Steel
Corporation has already spent thousands
of dollars in compiling for the bureau
the most complete and intimate Informal
tom as to the business and its officers
have gone to immense trouble and loss of
time to facilitate in every way our work.
"Ine my interview of August "a with
Mr.. Perkins, he set forth number of
considerations which seem to me of
great weight He stated that his COM
pany had endeavored to obey the law in
every respect and had carefully put it
istration; that the interests that he rep
resented. including not only the Interna-
tional Harvester Co. but also the far
reaching Morgan interests generally, had
originally favored the creation of the
bureau of corporations and the policy
of the President which that bureau rep
resents. and that both in their attitude
toward the bureau and in their conduct
and management of their various con-
Germs, including the United States Steel
Corporation. they had adopted a similar
policy of frankness and publicity; that
so far as they were aware, they had not
been guilty of any violations of the law.
certainly none involving a moral consid-
Grafton that, as he phrased 1t. he was
now being laughed at in New York by
the Standard Oil people, who were say
ing that he had tried to be good and
keep solid with the administration, but
that he now was going to get the same
dose as other people who had not fol-
lowed such politices.
.As to the legal questions, where
this conipany's organization has been
violation of the Sherman law I am
not particularly interested, nor have
] any fixed opinion on the subject. |.
therefore, feel that the starting of
suit under the Sherman law against
this company would be a moral in
justice, and reversal of the correct
and advanced modern policy of the
President in dealing with corporate
business. It is submitted that this case
raises acutely question of a general
policy Of great importance which must
be, | think, determined now and for
which this case will stand as a prece-
dent
This case raises the question in
Guided in which at the President has
called Good and bad" trust; the
question whether combinations as
such shall be prohibited; whether the
government is going to try to forbid
all combination regardless of their
methods or ends, or whether, on the
other hand. it is going to pursue the
policy, frequently stated by the Pres
ident, of regulation and control rath-
er than of prohibition.
Finally this case against the com.
pany is civil, not a criminal one.
Delay viii not effect the case through
any statute of limitation. If there is
good equitable case against the COM
pany, il will he in the thousand fold
better shape for trial after the inves-
tigation by the bureau than now.
These considerations explain and
justify the attitude taken by the In
ternational Harvester Co, which at
titude presents, l believe. that of
majority of the financial interests of
the country"
Commissioner Smiths letter o
President Roosevelt was accompanied
by letter of endorsement from Oscar
Straus, then secretary of commerce
and labor.
The sending of the correspondence to
the Senate was not without sensational
Incidents. Only a few weeks ago, At
torney General Wickersham fiatly re-
fused TO do so in response to a reso-
luton by Senator Lea of Tennessee.
Today, Senator Johnson of Alabama
called upon the attorney general for
the correspondence and within two
hours il was in hand.
Senator Bristow, an ardent support
er Of the coloners, defended the form
er President in speech, warmly crit
icizing the procedure, respecting the
correspondence. He said it was Pre-
sumahly intended to reflect upon q
man who is a candidate for the Pres
iaercy against the present occupant"
He charged in effect that the presenta-
ton of the correspondence was pre-
arranged