The Washington times., 1907-07-10
DEADLOCK ENDS
IN HARTMAN
MERGER INQUIRY
Report of Recent InYeS-
tigation Will Be Given
to Public Shortly.

The deadlock which for two or
three months has held up the pro-
ceedings in the Hartman merger
inquiry seems likely to come to an
end.
Attorney Frank b. Kellogg, who
has been steadfastly refusing to re-
wise his legal conclusions in order
TO accommodate the convenience of
the commission and the eXigencies
of the Administrations view of ex-
pediency as involved in this mat
ter, has been placated somehow, and
a report is going to be made and
given to the public very shortly.
Mr.. kellogg some two months ago
prepared a summary of a proposed
report of the commission in this
Hartman investigation, and in it
set forth his definite opinion that
on four counts the Hartman out
fit had been shown violator of the
Sherman law, and on another it
was probably guilty.
Prosecution Was Looked For.
This proposed report got into print.
and the country thereby came TO I'M
derstand that il was certain that The
Hartman combination would be prose-
cuted and effectually smashed. There
was great acclaim and widespread sat
, isfaction that the wizard OF railroad
? finance manipulation was at last to be
brought to book. Mr.. Kellogg's legal
p conclusions were widely Endorsed and
approved. and the trust-busting de-
partment of the Administration came
in for great praise.
Il was heralded as one Of the great
est achievements of a strenuous and
purposefuI Administration. Everybody
assumed that the Administration was
definitely committed 10 the policy OF
smashing Hartman at any cost Its
high-priced lawyer 'had looked into the
evidence and reported positively that il
could be done. What could longer pre-
Vent2
But right here came a change Of front
The Interstate Commission repudiated
the kellogg report; that is, IL explained
that the report was not the commits
sion's. but merely Mr.. Kelloggs. and
that the commission might. on eXamina-
tion. decide not 10 agree with his con-
illusions. 1t was. moreover. made very
direct that some, at least. Of the COM
mission did not accept all Of the Kellogg
conclusions.
Point of Disagreement.
Especially was there disagreement as
TO the conclusion of Mr.. Kellogg. that
the control of the Southern Pacific 10y
the Union Pacific is the merger OF
parallel lines within the purview Of the
Sherman act. and, therefore, can be dis
solved. On this point Mt. Kellogg was
very positive
The Hartman lawyers appeared in ar
effort TO show that the Southern was
only a connection and not a competitor
Of the Union Pacific, and Mr.. Kellogg
made a powerful answer and an as
sault on this theory, which was at least
convincing to most of his audience oil
laymen. But. apparently. not all Of the
commissioners were won over to the
opinion that prosecution was justified
Then came the famous White House
conference, at which an effort was made
To thresh out these differences and
reach an agreement on the text of q
report The President, the commission
Mr.. Kellogg, and members of the Cabi
net sat up late discussing the matter
and then the commission went back tC
port that would satisfy everybody.
Commissioner Lane was some tm'
ago given the task Of writing up a fina
report for the commission In this mat
ter He took the big mass Of testimony
the report prepared by Mr. Kellogg, anC
all the other matter bearing on the case
and set about TO make a report OF
which all parties should be able 10 agree
which should satisfy the country tina
there had been no back-dOwn from tn
vigorous demands Of the first Kellogg
report.
Mr.. Lanes Position Difficult.
II was n task for n diplomat Of al
Mr.. Lanes accomplishments. and Their
is still uncertainty how he is cOminj
out II the decision is against prosecu
ton. the public will rise up and deman'
10 know what's the use Of hiring a fame,
lawyer like kellogg, II his recommends
tons are TO be calmly set aside. Their
will. Of course. be the charge that tn
commission and the Department of Jus
tice, after a good deal Of noise an
buster. didn't have the nerve to tackl
Hartman; and altogether II viii be
most embarrassing matter TO explain.
II is pretty definitely understood tina
when Mr. Kellogg went TO oyster Ba
yesterday he had either an outline o