New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-15
PRICES FIXED At GARY
DINNERS, us. CONTENDS
Government Tries to Establish
Proof-PittsbWgh Meetings
: Described by n. M. Davis.
MORE PAPERS DESTROYED
Counsel for Steel Corporation
Refuses to Submit Other Con-
tracts, as 1t Would In
lure Business. "

elicit testimony in proof of it's contention
that prices of steel products were nNed at
the famous Gary dinners at the Waldorf
Astoria was made yesterday at the near
ing in the dissolution Sslit against the
United States Steel Corporation. Under
,uest,ons from Jacob NJ Dickinson. the
governments special counsel, Howard NJ
Davis, former assistant general sales
agent for the American Tin Plate Com
pany. testified that tnplate and sheet
steel prices were fixed at meetings held
in Pittsburgh shortly after the Gary din
ners.
The prices announced at the Pittsburgh
meetings. Mr. Davis intimated. were an
derstood to have been arrived at during
the Gary dinners The tnplate and sheet
steel men stuck to those prices. 20 SAID
and If member departed from them ne
was usually investigated and brought be
fore the chairman of the meetings Tor
reprimand and a warning.
Two meetings were held IN Pitts
burgh each time Mr.. Davis said one
which was attended ~ the men rep
resentiuc the unplate industry. was p'e-
sided over by James Campbell. Of NounSs-
Town. Ohio. while the presidency over the
other meeting. that Of tie sheet steel men,
was delegated 10y M campbell to =. C.
Weir
Rv whose authority Mr.. Campbell hello
tbs special privilege Nj Davis was "h
cble to cay but neither could h" state
Natly that Judge Gary had nothing to d"
with Mr.. Campbels selection. Ar DAVIS
could state definitely, however. THAT al
those who attended the meetings respected
NJ Campbens authority
Contracts Destroyed, Wheeler Said
Another interesting fact brought out yes
terday was that papers relating to con
tracts between the American Tin Plate
Conpanv end manufacturers " machner}
for tin mills about which Daniel 6 Reid
showed such a frail memory on eNalnina-
ton the dav before. had been destroyed
several wears ago Harlow wheeler.
secretary Of the American Tin Plate Com
many when asked by Mr.. Dickinson why
he did not produce the contracts calIed
for in the governments subpoenas' SIMPLY
answered he DID not have them
WI, don't Won have them asked Mr..
Dickinson.
Because they we're DESTROYED was Mr..
Wheeler's reply.
ON whose authority were they de-
stroyed?" qucried the counsel for the GOV
eminent.
ON my authority" said thc witness.
Mr. Wheeler was unable to fix the time
Of the destruction of those Iapcrs even
within a period Of five years. They were
contracts entered into between IN" Amerl-
can Tin Plate Company at the time OF ltS
formation from INDEPENDENT organizations
with the manufacturers of the best tin mil
machinery binding them to sell their entlfe
product TO the American Tin Plate Com
rapv 10 the fun exclusion of all indc-
pepdents
These contracts MI Wheeler said. had
been kept on file in his office. and to the
best of his recollection, he added 1t was
his impression that they were ordered de-
stroyod about 1904. when his othce was
moved from this city to Pittsburgh. The
contracts had expired. he said. AT the time
the American Tin Plate Company was
taken into the Steel Corporation, and he
did not consider the papers OF any furthef
value even for reference
lie did not know. he testified. what pro-
visions these contracts contained. thous"
he could recognize the names of certain
machinery makers that were read TO MN
as parties to the contracts.
Disbursement Between Counsel
The day was also marked with the first
disagreement between the opposing counsel
as IN documentary evidence sought by the
Government. and the matter will be sub
mitted TO the United States Circuit Court
Of. Appeals in Philadelphia. the court oil
Jurisdiction in this case for decision.
Two contracts between the American
Sheet and Tin Plate Company and the
American Can Company. in which certain
concessions were granted to the latter
company. were demanded by MI Dlckh-
son The witness referred him to counsel
FOR the Steel Corporation
..Xe decline to produce these contracts,
said Richard V. Lndabury, showing the
two papers. ION the ground that they rep
resent agreements between two customers
and their publication would lnJure theH
business interests
II was agreed TO have the refusal ehteTe"
ON the record and that the matter shouiu
Ia submitted to the court later, when
sufficient accumulation of disasreemeh'S
will Justify a trip to fhilaueIP'hd ~ "P
near before the judges.
James T. Mcfarland. unplaie manu-
facturer and jobber of Philadelphia, was
. the first witness. He explained various
brands OF tinplate and testified that it was
innossible for him or any other Smah
dealer TO obtain those brands Tor ABOUT
two wears after the formation of the
American Tin Pate Company. In some
cases. he said small dealers had to close
their shops as a result Of this condition.
Had TO Assign Special Brand.
Mr.. Mcfarland produced letter from the
American Tin Plate Company which nc re-
eeiyed in reply to his attempt to secure
certain material from them Wh'ch 'hel
alone could furnish for the manufacture oi
sneciaI brand Of tin plate made by his
erm This was a demand that he assign
b,s snecial brand to the American Tin
plate Company TO make their property IN
case he should purchase plate from any
other company in later years. Mr. Mcfdl-
land said that he signed the agreement.