The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-10
REPORT ON HARTMAN
Findings Of Interstate Com
mission Outlined.
DECISION IS NOT UNANIMOUS
Radical Views Expressed by Special
Agent kellogg Not Endorsed by
Some of the Members-PubIic An
nOuncement OF Their Conclusions
Is Expected i'm Short Time.

While the formal report OF the Inter
state Commerce Commission on the Har-
riman case has not been completed, II
is understood that an outline of the com
missions conclusions concerning the
methods of Z. h Hartman in building
up his great railroad consolidation has
been sent 10 oyster Bay for COnsidera.
tion by President Roosevelt Just when
the report viii be finished and given to
the public is not known
Frank B. Kellogg. special counsel in
the Hartman case, in a memorandum
weeks ago, severely arraigned the head
of the consolidation and made certain
recommendations in the line of new legis-
lation designed to prohibit in the future
such manipulation Of railroad property
as took place incident 20 the reorganlza-
ton OF the Chicago and Alton Railroad
Company by Mr.. Hartman and the men
associated with him.
Mr.. Kellogg did not mince words in his
reference TO Mr.. Hartman. He went after
him hammer and tongs. While positive
information on this point cannot be Sc
cured. there is good reason TO believe that
the commission as a whole does not agree
with the conclusions reached by Special
Counsel Kellogg. Mr.. Kellogg was at
Oyster Bay yesterday. and it is under
stood he discussed with the President the
Standard Oil cases as well rs the proceed
ing Of the Interstate Commerce Commits
SIGN against the so-called Hartman lines.
Members Keep Mum.
Members Of the Interstate Commerce
Commission refuse TO talk about the Har-
riTaan case. or any developments concern
ing IT, Three members Of The commission
refused yesterday to affirm or deny that
a formal report on the case had been for
warded 10 the President. There Is reason
10 believe. however, that while the report
has not teen completed and approved by
the commission. the President has been
advised Of tentative conclusions that have
been reached.
At conference held at the White
House just before President Roosevelt
left for his summer home. the decision
was reached by Mr.. Roosevelt. five men,
bers Of his Cabinet. two members Of the
Interstate Commerce Commission, and
Special Counsel Kellogg. that criminal
proceedings against Hartman would not
lie. It was decided, however, that there
was one transaction Of the railroad man
that could be reached through the ne
dunn of the Sherman antitrust act
That was the agreement entered into
between the Union Pacific and the Rock
Island. whereby these roads exercised a
joint control over the operations OF the
Chicago and Alton Since the confer
ence IN question the Rock Island-Union
Pacific agreement has been abrOgated.
Not Unanimous on Question.
It appears on inquiry that while the
White House conference agreed that Mr.
Hartman could not be prosecuted on a
criminal charge, that this is a point upon
which unanimity does not prevail IN the
Interstate Commerce Commission. A
member Of the commission. in discussing
the Rock Island-Union Pacific agreement.
said there was no doubt it was in viola
ton of the antitrust act.
You cannot violate the provisions OF
that act" he said. without laying your
self open to criminal charge. The agree
ment has been abrogated, that is true;
but TO my mind. If a crime has been
committed the offender should be pun
ished. The fact that he has stopped
committing crime is not a mitigating cir
Cumstance."
This matter has been discussed by the /
commission. and at considerable length I
Whether the views Of the official above /
referred TO viii prevail remains 10 be /
determined During the past few weeks /
the commission has been quietly consider
ing the Hartman case. and It is expected 1
that before many days have passed its /
report viii be given TO the public.