New Britain herald., 1926-02-01
Action On Recommen- dation By Senator Walsh And His Asso- ciates Is Deferred Until Thursday.
Atty. Gen. Sargent De- clines to Give Formal Opinion on - Action of Federal Trade Commis- sion.

senate judiciary committee consid- ering proposal for congressional inquiry into the affairs of the Alum mum company Of America In which Secretary Mellon is interested, At torney General Sargent today re- fused to give the senate an opinion as 10 the right of the federal trade commission to withhold evidence in it's possession.
 No Formal Opinion
 Easing his refusal on a policy which he said had obtained flor more than a century" the attorney general advised the senate in let ter that he could find no authority Tor the rendering of formal opin- cns on points of law at the request of either house of congress. Mir Sargent's letter added however, that he had no objection to giving an in- formal expression of his views or the question.
 He then said 1t was his unofficial opinion that the refusal of the fed eral trade commission to turn over the justice department the evidence ic gathered cannot under evistine law now be remedied In any pro ceedings brought by the attorney general. The senate ordered the or iginal inquiry he said, and it alone lad the power to compel the com mission to divulge the facts in ths case.
 The letter was sent to the capito nile the judiciary committee, which a!rt ady had Inquired into the justice apartments attitude toward the Aluminium corporation, prosecutor oi the inquiry, that the whole question of the corporation's conduct be made the subject of senate in ,,uiry. Action on the proposal was deferred by the committee unti Thursday.
 Investigation urged
 Senate investigation was recon ncnded in a report submitted today to the judiciary committee by Sen ator Walsh.
 This proposal is made, the senator s7ys, because of doubts aroused a' to the vigor and good faith of the dcpartment Of justice" in the con- duet of it's inquiry to establish whether the Aluminium company ha' iolatod a federal court consent de cree entered against it in 1912.
 Besides recommending wha' would be a third government inves -jgation of the Mellon company within four years, Senator Walsl asks that the senate direct the fed .ral trade commission to turn oNel O it all of the evidence furnished b! The aluminium concern and whicf ne commission withheld from thu ustice department on the grount hat it is "confidcntial."
 Describing this action Of the com mission as "senseIess," Senatoi Walsh takes the position that since the senate ordered the commission 10 make the investigation in th' first instance it can compel produc jon of the evidence.
 Attorney General Sargent am other officials of the justice depart ment are sharply assailed by Sena tor Walsh for the manner in Thlcl inc inquiry was prosecuted after tn trade commission had reported t' the department in October, 1924 that the Aluminium company ha' violated the consent decree.
 Calling attention that evidence adduced at the judiciary committee hearing on the subject showed tha months elapsed before any move wa made. the senator declares that ha' the department moved with celerit, it could have obtained the conf dential" evidence subsequently with held from it.
 The report emphasizes that whil an agent of the department wa 
 finding from q field inquiry that tn aluminium industry was well satis fed with existing conditions, an in vestigation of the trade commission found much complaint against tn Aluminium Company of America am obtained evidence on which th commission issued a complaint las summer, This complaint is 10 b brought to trial on February D.
 Tt is sufficient to say" Senate walsh continues, that no bushes organization could tolerate sucI Drocrastination on the part of il legal bureau as has characterize the action of the department O justice in the matter under inquiry or would 1t be regarded as exculpa lion on the part of the head of sucI bureau to say that he entrusted tn work to -subordinates in whom h had confidence"
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