The Birmingham age-herald., 1913-08-06
Gary Is Said to Be Greatly
Pleased With Manner of
Handling the Case
CRYPTIC REMARK
BEFORE SAILING
Interpreted to Mean That He Expects
Government to Lose and That
1t May Not Proceed
Further
BY HOLLAND

| New York, August -(SpeciaL) L)-Shortly
before he sailed for Europe in mid July,
Judge E, II. Gary, chairman of the board
of the United States Steel corporation was
asked IL he had any idea when the pend
| ing proceedings in the federal court for
the dissolution of the corporation would be
ended. In reply, Judge Gary said that 1t
would probably be as late as Christmas of
this year, possibly early in January of
next year, before all the testimony which
the corporation had to offer would be
| taken. The government might have after
that some testimony to offer in rebuttal,
but probably not much. The government s
special attorneys are thought to have in
troduced practically all of the evidence
they have in support of the government s
bill of complaint against the corporation.
| The cases will then be. argued before
the United States court in Pennsylvania,
and 1t is not probable that a decision can
be handed down before the late summer
or early fall of next year. Therefore in
any event these proceedinges will not be
ended until about year hence.
Judge Gary was then asked whether alo-
peal would be taken from the decision of
the lower courts whatever that decision
might be. to the supreme court, and he
made the somewhat quaint and cryptie
reply that this would depend upon
whether the party against whom the de-
cision was made cared to go any further
| with the case.
| AS it does not seem probable that the
corporation would be disposed to accept
any judicial Interpretation until the SUI
preme court had passed upon the issues,
| 1t is therefore assumed that in case the
| ~ CHI 40
corporation an appeal will be made. to the
| supreme court. If this proves to be the
case then al least another year must pass
| before there is final decision in the mat
! ter. AT least two years. and possibly
three will pass before the final decision
| in case the Steel corporation should find
| 1t expedient to appeal from the decision
| of the lower court Judge Gary's quaint
comment therefore, is interpreted to mean
that he is inclined to think that the 1e-
cision of the lower court will be against
the governments contention that the cor
poration was organized and is operating
In violation of the Sherman law, and that
the chances are that If the decision handed
down by the lower court be of this kind
the government will not be inclined to
carry on the litigation any farther
A Well Handled Case
The officers of the corporation speak r
| lcliliS VI duillIdtion Ol llS manner IT
| which the case has been handled thus fan
/ by the counsel to whom the corporation
committed the management of the case
Judge Garry has spoken in terms of I'M
qualified admiration of this aspect of the
proceedings. As he is himself lawyer
and for some years was a judge of one
of the important courts in Illinois, he is
thought to be competent to speak of the
professional aspect of the case as one
who has the authority of expert knowl-
edge
If the counsel to whom the corporation
committed this important responsibility
have handled their case admirably it is
said here that this is partly due to the
fact that they had very good case to
handle. No one can tell what the opin-
ion of a court in any given case may be,
so that II Is assuming a good deal to say
that the federal courts If the case ever
reaches them are likely to decide in favor
of the corporation. But lawyers who have
carefully followed the testimony on both
sides as 1t has been from day to day
taken by the special master appointed
for that purpose find themselves wonder
ing how upon the evidence introduced by
the prosecution Attorney General Wick