The Washington herald., 1909-03-02
MERGER CENSURE UNSETTLED
Every Member of Committee to Re.
port as He Pleases.
Canvass of Senate Investigators
shows Majority Believe President
Acted without Authority.

Every member OF the Senate judiciary
Committee IS free 10 report as he pleases
TO the Senate. on the legality Of the alb
sorpuon Of the Tennessee Coal and Iron
Company by the United States Steel COT
poration and to add what he thinks OF
the part President Roosevelt played in the
consolidation.
The judiciary Committee IS unable TO
agree on a form Of report or on two forms
OF reports Two reports were submitted
az final meeting or the committee on
this subject yesterday.
Both reports were OF a subcommittee
appointed 70 take evidence and which
did take the evidence OF George ". Per
kins, Of J. P. Morgan & Co. and OF
Grant B. Schley. OF Moore & SchIey. stock
I brokers, New York, both firms having
been active IN advancing negotiations
which resulted in the merger being ef-
fected with President Roosevelts con-
| sent
The majority Of the subcommittee found
| the combination was in violation OF the
/ Sherman antitrust law and that the
/ President acted without authority OF law
/ in permitting the combination 20 be made.
The majority report OF the subcommft-
tee Of FIVE was agreed 10 BY senator's
Cuiberson and Overman. Democrats. and
/ Kittredge. Republican. Two members OF
the subcommittee. Senator's Clark. Of wy
onling. and Dillingham;. Of Vermont. nled
a report 10 the effect that the President
was in no wise 20 be criticised for his
! part IN the transaction because he did
not feel Il HIS duty at a time OF public
| calamity either 20 consent 20 the merger
I or 10 forbid Il. and those two Senator's
/ hold that he did neither
/ These two reports VIII doubtless be
| submitted 20 the Senate with the in
dOrsement OF the Senator's making them.
/ Senator Rayner, q member OF the Ju-
/ dietary Committee. VIII tndorse the views
| OF the majority report without question
Senator Nelson. OF Minnesota. another
member Of the judiciary Committee. will
indorse the majority report with a ouaIi-
| fiCatiOn in which he viii decline positive
| " to take the ground that any law has
! actually been violated. and Senator For
aker, also Of the same committee xfIl
| occupy about the same position exnress-
| Ing doubt OF the propriety OF EXPRESSING
q conclusion on the legal status Of the
| case.
Il IS understood both Senators Will
| agree that the President I'D not have
| authority for his action This accounts
for eight members Of the judiciary Com
mittee, which is composed OF thirteen
Senator's TIE others are senators Bacon.
| OF Georgia; Depew. % New York: Knox.
! OF Pennsylvania: Fulton. Of Oregon. and
| Clarke. Of Arkansas.
Senator Fulton. OF Oregon, may sup
port the majority report with modifca-
! tons The position OF Senator Bacon IS
| doubtful, and Senator Depew Is expected
! 10 agree with the minority. Senator
Knox may not volunteer any opinion.
It is figured that evidently majority
I Of the whole committee VIII intimate that
the President acted without authority.
but some Senators-Senator Bacon. for
0ne-wish to avoid an expression Of the
Senate to that effect. and VIII not fatty
make such a declaration. because il this
were the final conclusion they believe It
would make the President liable 70 I'm
parchment proceedings.