The Washington herald., 1907-05-16
PRESIDENT IN DOUBT
Fears to Prosecute Hartman
Railroad Lines.
WANTS BIG MAGNATE'S SCALP
Business, However. He Thinks
Would BE Injured Worse Than FL
nanciaI Nizart-Commerce Com
missions Report Against Western
Roads Not Approved Yet.

AOAue AtA AppEbNeu 1tts
It has become much of question with
the administration whether extensive and
important prosecutions against the Harri-
man controlled railroads shall be started
soon, or some time in the autumn, or even
later. The President wants Harriman's
scalp dangling at his belt before he steps
out Of the White House into private life.
He has no hesitation about proceeding
against the ulagnate personally, but he is
hesitating about a prosecution Of the
Hartman roads under the Sherman anti
trust law lest il upset business.
This issue was brought to the front
yesterday by the publication Of the report
prepared at the Interstate Commerce
Commission on the Hartman investiga-
ton. It was written by Frank B. KeI-
losg and Charles A. Severance, attorneys
for the commission, and twice revised.
Finally, a few days ago, ten copies Of it
were printed for the use of the commits
sion. One commissioner. at least, says 1t
VIII be adopted substantially as written,
and that subsequent action will be largely
formal The commission, as a body, how
ever. announced yesterday afternoon,
when the stock market had declined fol-
lowing the publication, that no report
had been adopted and that they are TO
consider what they style the brief, or
memorandum. Of the attorneys when
they get around to it.
Report Not Approved.
In reality, the printed report, or attor-
neys' brief. has not been approved yet
by the President That was the chief
reason for the CONSERVATION yesterday at
the commission when the news Of the
confidential pamphlets reached the pub
lie. In matters Of administrative policies.
the commission is dominated by the
President 1t takes no decisive steps till
he has been consulted and has given his
approval Some of the commissioners.
who are in the minority, do not altogether
approve of that attitude which possibly
accounts for the early intelligence about
recommendations for three, and, perhaps,
four, antitrust suits against the Harri-
man transportation properties.
Recently the President was inclined TO
postpone for five or six months, and,
perhaps. longer, any action 10y the De-
partmant of Justice toward prosecuting
these roads He is stil not a little con
cerned about the prosperity Of the coun-
try during the remainder Of his term.
Although the Wall street furry has
passed, he continues to hear from very
reliable sources that Curtailment is in
progress in many directions.
Business Worries President.
He IS especially anxious to do nothing
10 foster the business unrest Therefore,
he will probably tell the Interstate Com
merce Commission TO withhold the HaTri-
man evidence and the Severance-K Kellogg
report from the Department of Justice
for the present Otherwise. it is a matter
Of not many DAYS before the commission
viii turn over to the Attorney General
the big volume Of papers and the recon-
mendations for several suits, each Of
quite as much Importance as was the
Northern Securities case.
The report includes plea for the pas
sage Of a Federal law regulating the
issuance Of railroad securities and % pro-
hibit the purchase of the shares of one
road by another. recommendation that
Hartman consolidation on a charge Of
violating the provisions Of the Sherman
antitrust act and other laws. a highly
interesting expose of HaTTimau's methods
in manipulating the Chicago and Alton
system and other railroad properties. and
q statement that competition in trans
uortati0n has been stlded by Hartman
and his associates I'm a large area Of the
United States.
Next step in New York.
The next step in the case viii be taken
in New York the latter part Of the month.
According TO information received here
Tuesday. Special Counsel Kellogg Is ready
TO institute I'm the United States Circuit
Court, sitting I'm New York. proceedings
to require Hartman to answer questions
that he declined TO answer some months
ago when he appeared before the commits
sion as a witness. Before q decision has
been reached in that suit. however the
commission Will prepare the record for
consideration by the Attorney General. II
will then be mp to that official 10 decide
what further action shall be taken.
Good lawyers express the belief that the
Hartman consolidation is vulnerable to
attack.
To Keep Actions Secret.
The policy Of the Department Of Justice
with reference 10 trust litigation has also
changed considerably Of late. Prosecu-
tons ot comparatively minor combina-
tons are under contemplation. The
powder and harvester trusts are 10 Ue
assailed. The watch trust and the lumber
trust are being Investigated. Further
proceedings against the Standard Oh
Company are under consideration.
Bat the department does not intend 70
formally announce the various steps
taken IN these eases. It is said that such
action conveys an impression that the
government is batting business inter-
ests' At least many business men havo
complained in recent months that that
is what the President and his official
subordinates all down the line have been
doing.