Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-21
B0RAH AND WALSH
ASSA|LEDBY MYERS
Trade Commissioner Con.
dennis Senator's Actions
During Bread Merger Probe.

A verbal passage at arms with two
Senators on one side, under attack
by Abram F. Myers, a member of the
Federal Trade Commission. on the
other, enlivencd consideration by q
Senate judiciary subcommittee yes
terCay of the bread merger case. Heated
words. branded "inSolcncc," came from
Myers. directed at Senator Walsh of
Montana. which Myers later sought to
have expunged from the record. For
two hours Myers defended his activi-
tics as an Assistant Attorney General
in the bread merger case.
He punctuated his heated and re-
peated denials OF any misconduct on
his own part with counter attacks on
the committee itself, which he charged
had been unfair to him. That un-
fairness, he said, was evidenced both
in the majority report, signed by Sena-
tors Borah and Walsh, dealing with
the bakery case. and in the more re-
cent use by Senator Borah of the
words Lying and forgery" in connec-
ton with Myers previous testimony.
Borah Not Convinced.
AS Myers completed his statement the
Idaho Senator. chairman of the sub
committee told him that "candidly your
statement is not convincing to me-"
II can't convince a man against his
will" Myers retOrted.
1T Is not against his will, but against
his reason" Senator Borah said.
Senator Borah was referring to Myers
statement to the committee that he had
told Federal District Judge Soper Of Bal
more. at the time of the entry of the
consent decree in the Ward Food Prod
uct Corporation cases, that the Federal
Trade Commission would dismiss q Clay
ton act case then pending against the
Continental Baking Co., one Of the
Ward organizations.
Judge Soper testified last Friday that
the commissioner had made no men,
ton Of such dismissal. and he pre-
sented sworn statements. from three at
torneys for the baking interests Mat
they did not hear the then Assistant
Attorney General refer to action which
the Federal Trade Commission was TO
take.
Witnesses Recalled.
The committee decided to recall Judge
Soper Thursday and also to summon
the three Baltimore lawyers - George
Weems williams. Charles McHenry and
Jesse Bowen-as well as District Attor-
ney Woodcock Of Baltimore and those
who made up his staff on April 2. 1926,
at the time the consent decree was en-
tered.
Myers not only assailed the subcom-
mittee for its majority report. but also
for its methods of investigation. He
was particularly emphatic In his stric-
lures on Senator Walsh. telling him
tHAk fns~ - t>t
when 1t came to conducting an inquiry
marks expunged from the record.
Does that include your insolence to
me?" the Montanan inquired.
well yes" Myers replied.
Besides assailing Borah and Walsh
the commissioner also sharply criticized
the procedure In Judge Soper's court,
declaring that the Judge hustled into
court to receive the decree and con-
trolled the proceedings with an iron
hand"
Challenges Court.
Il put my word against his" Myers
said. referring to Judge Soper's state
ment that the Government attorney had
not told him that the Federal Trade
Commission was to dismiss the Cont
mental case.
Il have a decided recollection that
told the Judge he was doing most o!
the talking and controlled the proceed.
ings with an iron hand"
Miss Mary G. Conner. special as
sistant to the Attorney General. who
was associated with Myers in the bakery
case. corroborated the commissioner
description Of the court proceedings
She described Judge Soper as hurry.
ing" TO the bench and growing there
as though ne were In great haste tc
have the case over"