The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-15
NOT YETREADYTOACT
Government at Sea About
Hartman Prosecution.
CONFERENCE WILL BE HELD
Meeting May Take Place in wash
ingtOn Next administering in
Some Circles that Case Cannot Be
Successfully FOught-DOubt IL
Railroad Financier Violates Laws.

There Is good reason TO believe that
another important conference will be held
By administration officials in the near
future to decide whether civil actions
shall be brought in the Federal courts to
dissolve the alleged illegal mergers Of
railroad property. cited at length in the
report Of the Interstate Commerce Com
mission on the Hartman case.
Whether this conference will take place
at Oyster Bay, or the date OF meeting
deferred until President Roosevelt re-
turns 10 Washington in the autumn, has
not been determined.
The government still has the Hartman
case in its hands. The Interstate Com
Herce Commission. which acted as a pub
Lefty agent il the matter. has passed on
10 the Attorney General all the evidence
it collected during the progress of its in
quiry into the conduct and management
Of the railroads that comprise the Hsrrt-
man consolidation.
Doubt is expressed by certain officials
and this doubt is said to be shared by
the President-that the government would
win in a proceeding having for its pur-
pose the dissolution of the agreement by
which the Union Pacific and the Southern
Pacific roads are operated under a COM
mon management.
Hartman "a Developer.
While the Interstate Commerce Commits
sion declares that there is no actual COM
petition between the Union Pacific and
the Southern Pacific It took occasion to
say. in passing. that it has been no part
OF the Hartman policy to permit the
properties which were brought under the
Union Pacific control to degenerate and
decline, adding that large sums have
been generously expended in the carrying
On Of engineering works and betterments
which make for the improvement OF the
service and the permanent value Of the
property"
The Supreme Court Of the United States
ordered a dissolution of the Northern Sc
cIrities Company the holding concern Of
the Hin merger, by vote of . to 4. As
sociate Justice Brewer concurred in this
decision.
In "a brief statement of his views" con-
corning the case, he declared that in some
respects the reasons given for the judg-
ment of the court could not be sustained.
lie took the position. in substance, that
Il combination that was wholesome in its
effect, even Il it restrained trade. was not
q violator of the law, and that it would
have TO be shown that the combination
was an unreasonable restraint of inter
state trade.
Some Doubt strength of Case.
toll
among them members Of the Interstate
Commerce Commission-are of the opin-
ion that the contract, or agreement under
which the Union Pacific and the Southern
Pacific are operated, could not be shown
TO b. unreasonable restraint Of interstate
trade
The same thing is probably true, they
say, Of other mergers engineered by Har-
riman. They regard the case against Mr..
Hartman as weak in many important
particulars. and argue that it would be
risky proposition to take it into the
courts.
On the other hand. there are those IN
authority VINO believe that Mr.. Harri-
mans management of his railroad prop
critics has been baneful in its effect upon
interstate trade. has eliminated compe-
tition. and unreasonably affected trade
and that it is the duty Of the govern
ment to institute proceedings to break
up the series of combinations that Har-
Iiman has effected.
Harriman's Criticism.
Mr. Harriman's criticism of the com
missions report was received with
ev,fiee IN EETaebsre+o- T,to d.. -
peared TO be put out over the manner in
which the report was given 10 the public.
Following a universal custom in Wash
ington, the commission placed its report
in the hands of the press last Thursday
for publication yesterday morning. The
messages of the President are given out
in advance. as are most government re-
ports and bills of the Department OF
Justice fled in important cases, mainly
for the convenience Of newspapers.
1t was said yesterday that Mr. Harri-
man knows this as well as anybody in
Washington.
The commissions observance of this
custom evidently riled Mr, Hartman.
lis comment on the commissions treat
ment Of the generally condemned Chi
clgO and Alton deal, which was not ex-
cJsed even by his lawyers when they
appeared TO argue the case before the
commission IN April last, created some
little interest.
Opinion here is that Mr.. Hartman is
more than satisfied with the commits
sons report. and that his criticism Of it
was merely for effect.
Senator EIIxins' Views.
Senator Elkins yesterday discussed the
report
while don't care 10 express an ex-
act opinion upon its contents. as I have
not read the report in detail, said the
Senator. 1T seems to me, from what l
have seen of It, that after al Mr. Harri-
man is not the all round l.re-eating hell
of-a-fellow he has been pictured TO be.
And speaking Of that subject. l am
reminded that a gentleman who talked to
Commissioner Franklin X. Lane the other
Gay suggested that that body will in all
probability, ask Congress 10 enact more
railroad laws next session. According 10
what Mr.. Lane told this man, the COM
mission desires TO have further laws re-
specting the furnishing of cars to ship
pcrs and to have a more general and
drastic power to supervise rates than is
given by the provisions Of existing law.
Then. 1 am informed. Commissioner Lane
went on to say that during the past two
years there had been conspicuous DIM
mutton in the number OF violations Of
the Elkins anti-rebate law
Need No More Laws.
Now. concluded Senator .Elkins. that
last remark is the keynote to the entire
situation. The facts are that we have
enough laws with which to handle the
railroad question as it now stands What