The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-19
Hartman Nay Be Forced to Tell
of Alleged Combine.
Interstate Commission will Re.
sumo Inquiry Feb. %.
o IMMUNITY BATH.
Hearing will Not Bar Further
Proceedings If Necessary.
Gossip and Matters of Interest
i'm Railroad Circles.

Washington, Feb. 19.-Unless inter
fered with by persons higher up
| the interstate commerce commission
will place Edward H. Hartman on the
stand as a witness February 25, when
1t will resume at New York its inquiry
into operations of the railroad consoli-
| dation effected by Mr.. Hartman and
men associated with him. There has
been a persistent report in Washing
ton for a week or so that the govern
ment, through the department of JUS
/ tice, has collected evidence tending to
show that the Hartman lines consti-
trade, and as such would be prose-
cuted under terms of the Sherman
| antitrust act
No Change in Programme.
1t was stated that in order to avoid
giving Mr.. Hartman an Immunity
bath" he would not be called to testify
before the interstate commerce COM
mission at New York on February rs.
1t may be stated upon authority of
two members of the commission,
Chairman Martin A. Knapp and
Franklin K. Lane that no change has
Mr.. Hartman testify at the forthcom-
ing hearing as to facts in his possess
sion concerning the conduct and
management of the railroads con-
When the report referred to was
brought to his attention Chairman
Knapp said, There is no truth in it
so far as 1 am advised.
1T has as little foundation in fact
as the rumor circulated some time ago
that our investigation of the Hartman
lines had been suspended said Mr.
Lane.
Based upon disclosures already
made, the opinion prevails in WASH
ington that the pending inquiry of the
interstate commerce Commission will
be followed in due time by the filing of
suit against the Hartman manage
ment under provisions of the Sherman
antitrust act. The government pro
ceeded along the lines it is now fol-
lowing in the case of the Hill merger.
which was dissolved by decree of the
olIted states supreme court. The
commission investigated the conduct
OF the Northern Securities company.
the holding concern Of the Hill roads
and this was followed by prosecutfons
on the part of the attorney general
against the merger of the northwest
ern roads. "
No Be- to Prosecution.
While the commission has nothing
10 co with the enforcement of the
antitrust act, It has, IL, many instances
been OF assistance to theeattorney gen
erat by encltfng f9cts Of great, value
10 that officer in pushing cases in the
courts, Inquiry in various quarters
discloses that the report that Mr.. Har-
riman would not be put on the stand
at the commission hearing in New
Y ork, for fear that it would thus be /
made impossible to prosecute him
personally in the future was based in /.
large part upon the assumption that 4
President Roosevelt would interfere
ana direct the commission not to give
Mr. Hartman an immunity bath If /
the president has any such intention
he has not communicated It to the
nor do members of that
body expect to hear from him on this
score. The president has never inter
.ered with the commission in the ham
ding of case. and. in fact, has no
power of direction over it. He may
and does frequently make suggestions,
but in no instance has the president
gone beyond this.
The Hartman inquiry, in all it's
'amifications, is being handled in ac-
,ordance with plans formulated by
frank B. Kellogg and c. A. Severance,
pecial counsel engaged for the pur-
'cse. If they should decide at any
ime before February rs that it would
'e better not to call Mr.. Hartman as
witness, their decision in the matter
would undoubtedly be final. When
asst in communication with the COM
mission, Messrs. Kellogg and Sever
nee stated that they would be ready ,
or Mr.. Hartman on the 25th, and
hat is why the date was selected =