KELLOGG ATTORNEY FOR FARMER'S ENEMIES

...That after he had been nominated for United States Senator, Senator Kellogg continued to act as counsel for the Harvester Trust and did not withdraw from the case until four months after his election, and subsequent to the time from which his present term in the Senate actually dates...

...Right to Seat Questioned SO close, in fact, is the Senator's connection with these interests that grave question must iie raised whether he can with propriety continue to occupy his seat in the Senate when that hotly undertake.- to consider matters of far-reaching importance not only to the corporate interest...

...The fact that government action against the trust appears at this time to be imminent, and that the body of which Senator Kellogg is an influential member has already made the case the subject of a resolution, increases the significance of his connections with the trust a hundredfold...

...Senator Kellogg had already been picked by the Old Guard Republican bosses of Minnesota as their candidate for the United States Senate, subject to the primaries in June, 1916, It was evidently deemed inadvisable for the Senator to appear for the Harvester Trust on the eve of his appeal for the votes of Minnesota farmers...

...That in response to the Norris resolution (passed January 24, 1922) the Attorney General has prepared a report which will be laid before the United States Senate immediately upon its again convening, when Senator Kellogg will have it within his power to promote or hinder further action by the Senate looking toward the reopening of the case against his former client Every one of these facts is a matter of record and is not open to dispute...

...He continued to act as counsel for the Harvester Trust, the Supreme Court records show, through the campaign down to and beyond March 4, 1917, from which time his present term as United States Senator dates...

...George W. Perkins, a partner in the firm of J. P. Morgan & Co...

...John J. Glessner, vice president of the Harvester Trust...

...Paul risking for a decree dissolving the defendant as an illegal combination in restraint of trade...

...Probably in no state 'n the Union have farmers suffered more at the hands of the Harvester Trust than in Minnesota, the state Senator Kellogg now represents at Washington...

...It was not until March 6, 1917, four months after his election, and after he had come to Washington to take his seat as Minnesota's representative, that this entry appeared upon the docket of the United States Supreme Court: "Mr...

...It reveals the fact that the Senator's personal interest and contact with at Iea>t one powerful corporation operating ex-tens'rely in Minnesota overlapped the hoar from which his present term in the United States Senate dates...

...Kellogg Attorney for Farmers' Enemies Record Proves That Senator Represented Harvester Trust Four Months After Election to Congress—-Served Other Corporations F% : VKLATIONS drawn from federal court r ,iud Rovernment records, some of them ** hitherto unknown, link the name of T_ i s.atcs Senator Frank B. Kellogg of I i. - ,;a with certain great corporate inter-c .'-hi.h are now under the active suxveil-K ¦'¦ of the government for the alleged viola-la...

...Senator Kellogg refused, however, to accept as final the verdict of the federal court in his own jurisdiction...

...That when the United States entered the war the government temporarily waived its claim for dissolution of Senator Kellogg's client, the trust, and the case was conditionally settled by a consent decree (November 2, 1918...

...Severance is known as one of the leading corporation lawyers of the northwest, and is a stockholder in many large enterprises, including the International Harvester Trust...

...The Senator did not, however, feel that it was necessary in order to get the fanners' vote to withdraw from the actual conduct of the case as the legal represenUtiv* of the trust...

...Here ure the outstanding facts making up the surprising record revealed by an examination of official records and reports of the United States Supreme Court, the Federal Trade Commission and the Department of Justice, in which Senator Kellogg is directly involved: That Senator Kellogg was the paid counsel acting for the International Harvester Co., under a generous retainer, in the famous suit brought in St Paul in 1912, in which the government prosecuted the corporation as a trust, charging it had made enormous profits from the sale of farm implements by means of an illegal combination in restraint of trade...

...oi the Sherman and Clayton anti-trust la iv s. The exposure just made goes further than merely identifying Senator Kellogg with some of the most notorious trusts and combinations ever prosecuted in the federal courts...

...Great masters of industry who had built up control over the chief articles of farm machinery and appliances sold to the American farmer were named as defendants in the suit...

...It can thus be- stated that during the entire period of his last campaign in Minnesota, Senator Kellogg was under a retainer and in the employment of the International Harvester Trust, and that he did not renounce that connection until ho had actually taken the oath of office four months following his election...

...and Charles Deering, of the Deering Co., absorbed by the trust These gentlemen, acting for the Harvester Trust, engaged Senator Kellogg as counsel, and he took a leading part in the trial of the case from the time it commenced in St Paul...

...Senator Kellogg's biography in the Congressional Directory, prepared by his own hand, sheds additional fight upon his connections with powerful trusts in his practice at St PauL He cites the fact that upon his removal to St Paul in 1887 he associated with the late Senator Cushman E. Davis "and Cordenio A. Severance* and "practiced law as a member of that firm up to the time of his election to the United States Senate...

...He advised McCormick, Perkins, Gary, and the other defendants to take the case to the court of last resort, and he himself appeared before the United States Supreme Court to argue in defense of the trust It is interesting to note the records of the Supreme Court that on April 19, 1916, a postponement of the final argument in the case was sought until the fall term of the court following...

...In Position to Help Trust HTHAT as a member of the Senate it has been " his duty to consider a report filed by the Federal Trade Commission (May 4, 1920) condemning his former client as an illegal combination and commending its prosecution by tboi federal government That Senator Kellogg was in the Senate when Senator Norris, Republican, of Nebraska, chairman of the committee on agriculture, brought up his resolution asking the Attorney General to report what steps had been taken to dissolve the Harvester Trust...

...Circuit Judges Sanborn, Hook, and Smith, sitting as a district court, heard the case...

...That Senator Kellogg will have it in his power as a Senator to influence whatever action may be taken against his former client, the trust, after January next, when this period expires...

...Farmers Terribly Exploited SENATOR KELLOGG was nominated for the Senate in June, 1916...

...Cordenio A. Severance, with whom he has been so long identified as counsel for the packers, the International Harvester Trust, and the Steel Trust...

...That as counsel for the Harvester Trust Senator Kellogg appeared before the Supreme Court and personally delivered the argument offered in its defense...

...Seeks to Override Court THE court found, however, that the government had sustained its charges and on August 12, 1914, rendered a decree ordering the Harvester Trust to dissolve and to withdraw from certain lines of industry which it had endeavored illegally to control...

...That under the terms of this decree the Harvester Trust was ordered "to restore competitive conditions in the interstate business in harvesting machines and other agricultural implements within 18 months after the close of the war...

...That within the past session of Congress Senator Kellogg has sat as a member of the Senate when that body had under consideration proposed measures looking toward the reopening of the prosecution of his former client as a trust operating in violation of law...

...These included Cyrus H. McCormick, president of the Harvester Trust...

...While Senator Kellogg has nominally withdrawn from his firm, it is a matter of common knowledge in Washington that he is a frequent visitor to New York, where he confers with his former partner...

...That after the trust had been convicted in the district court and ordered dissolved (August 12, 1914) Senator Kellogg took the case on appeal to the United States Supreme Court and entered a personal appearance there as counsel for the trust...

...Elbert H. Gary, head of the Steel Trust} George J. Baker, multimillionaire New York banker...

...referred to but also to the farmers of Minnesota...

...The docket of the court shows, in fact, that the Senator was entered upon its pages as counsel for the Harvester Trust in this important case through the period in which fell the dates of both his nomination and election...

...The practices by which the trust exploited the farmers in Minnesota and elsewhere over a period of many years had reached such a point a decade ago that the government in 1912 filed suit in the district court at St...

...It has been disclosed, in addition, that in the next session of Congress, to be summoned within less than two months, Senator Kellogg will fee in a position to pass on matters of the most vital importance to the very corporation in question...

...Senaator Kellogg joined with other distinguished counsel in heroic efforts to make out a defense for the trust He summoned 1,146 witnesses in a desperate attempt to prove that the defendants had not been guilty of illegal methods in marketing their implements and appliances to the farmers...

...The story of Senator Kellogg's long service to the Harvester Trust has many ramifications and details, however, not adequately covered in the bare outline of the case given above...

...Kellogg granted right to withdraw his appearance...

...Served Many Corporations SENATOR KELLOGG'S reputation as a corporation lawyer under retainer from the United States Steel Corporation, Swift & Co., and other great interests has long been notorious, but the facts touching upon his connection with the affairs of the International Harvester Co., before and after he entered the Senate, have never heretofore been treated collectively...