The Salt Lake Herald

HARRIMAN WILL BE PROSECUTED

Administration Has Decided to Compel Railway Magnate to Answer Certain Questions.

FRANK KELLOGG RETAINED

CRIMINAL CHARGES MAY COME LATER.

Washington, June 4.—The question as to whether the government will begin criminal prosecution against E. H. Harriman, the railroad magnate, for violation of the Sherman anti-trust law, was considered at a conference between President Roosevelt and Franklin K. Lane, interstate commerce commissioner, at the White House tonight.

Mr. Lane was with the president for more than an hour, and upon leaving the White House announced that before July 1 legal proceedings would be instituted to compel Mr. Harriman to answer certain questions propounded to him by members of the commission at the recent hearing in New York, when the Alton deal was under investigation.

Kellogg to Prosecute.

Previous to his conference with the president, Commissioner Lane had conferred with Frank B. Kellogg, special counsel for the government in the Harriman investigation. Mr. Kellogg, it is understood, will have a conference with the president some time this week, and will later go to New York to institute suit against Mr. Harriman to compel him to answer the questions regarding the Alton transaction. At this conference all the members of the commission will be present, and it will be definitely decided what action the administration is to take in regard to the criminal prosecutions against Mr. Harriman.

While no date has been set for this conference, it probably will be held on Thursday or Saturday of this week.

Appeal Is Certain.

The proceedings to compel Mr. Harriman to answer the questions referred to will be brought in the courts of the southern district of New York. Whether the prosecution or the defense should win the decision, the case is expected to be appealed to higher courts and, ultimately, to the supreme court of the United States. According to opinions already expressed by members of the interstate commerce commission, it may be a year or even more before final decision can be reached on these efforts to compel answers to the questions to which Mr. Harriman declined to respond. For these reasons it was announced several weeks ago that the commission did not intend to await the result of these proceedings before taking action on the general subject of the investigation of the Harriman lines.