The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-02-01
SENATE INVESTIGATION OF THE
ALUMINIUM COMPANY OF AMERICA
RECOMMENDED BY sen. WALSH
Montana Democrat Proposes
This Action, Claiming There
Is Doubt as 10 the Good
Faith of the Department of
Justice in It's Recent
Inquiry

Washington, Feb. l.--(R-- Senate
investigation OF the Aluminium COM
pany of America in which Secretary
Mellon is large stakeholder. is rec
commended in report submitted to-
day to the judiciary commission by
Senator Walth. Democrat, Montana.
This proposal is made, the senator
says, because Of doubts aroused as
to the vigor and good faith of the
department of justice" in the con.
duct of its inquiry to establish whe-
ther the aluminium company has vio.
lated a federal court consent decree
entered against it in 1912.
Besides recommending what would
be a third government investigation
of the Mellon company within four
years. Senator Walsh asks that tine
senate direct the federal trade COM
mission to turn over to it all Of the
evidence furnished by the aluminium
concern and which the commission
withheld from the justice department
on the ground that it. is "confiden-
tial."
Can Demand Evidence
Describing this action of the COM
mission as "senscless," Senator Walsh
takes the position that since the sen.
ate ordered the commission to make
the investigation in the first instance,
it can compel production Of the evil
dence.
Attorney General Sargent and other
officials of the justice department are
sharply assailed by Senator Walsh for
the manner in which the inquiry was
prosecuted after the trade cammis-
sion had reported to the department
in October, 1924. that the aluminium
company had violated the consent de-
cree.
Calling attention that evidence pro-
duced at the, judiciary commission
hearing on the subject showed that
months elapsed before any move was
made, the senator declares that had
the department moved with celebrity it
could have obtained the "confidcn-
tial" evidence subsequently withheld
from it.
Much Complaint Heard
The report emphasizes that while
an agent Of the5dcpartsncn; was find
ing from field inquiry. that the
aluminium industry was we'll salts
fled with The existing condition, an
investigator Of the trade commission
found much complaint against the
aluminium company Of America and
obtained evidence on which the COM
mission issued complaint last sum-
mer. This complaint is to be brought
to trial on February Is.
OPINION ON THE RIGHT TO
WITHHOLD EVIDENCE REFUSED
Washington, Feb. l.--(R)-With
the senate judiciary committee con-
sidering proposal for cOngression-
al inquiry into the affairs Of the
Aluminium Company Of America, in
Attorney General Sargent today re-
us to right Of the federal trade CON-
mission TO withhold evidence in its
possession.
Basing his refusal on policy
which he said had obtained 'for
more than century," the attorney
general advised the senate in a let
ter that he could find no authority
for the rendering of formed opinions
on points of law at the request of
either house of congress. Mr.. Sar-
gents letter added, however, that he
had no objection to giving an infor-
NAL expression of his views or the
question.
Senate Alone Had Power
He then said it was his unofficial
opinion that the refusal of the fed.
eral trade commission to turn over
to the justice department the evil
dence it gathered "cannot under cx-
listing law now be remedied in any
proceedings brought by the attorney
general" The senate ordered the
original inquiry, he said. and it;
alone had the power to compel the
commission to divulgc the facts in
the case.
The letter was sent to the capitol
while the judiciary committee, which
already had inquired into the justice
departments attitude toward the alu- |
minum corporation, was listening TO
y proposal by Senator Walsh of Mon
tana, prosecutor Of the inquiry, that
the whole question Of the corpora
tion's conduct be made the subject
of senate inquiry. Action on the
proposal was deferred by the COM
mittee until Thursday.