The Montgomery advertiser., 1909-12-27
PUZZLED BY TRUST LAW
TAFT MAY NOT AWAIT SUPREME
 COURT DECrsI0N.
Considers With Leaders in Cengresa Propesftfon ef Enactfng Federal incorporation. Act--Fesrs
 Budness May Suffer.

washington. Dec. 2s.--serious con- alteration is given by President Taft and leaders in Congress. including Scn- ator Aldrich and Speaker Cannon, to the question of the advisabiiity If att tempting to enact . Federal incorp5ra- ton act in advance of Q final 5udf- cial decision in the Standard Oil dis-' solution case. There appears to be an important difference of opinion be- tween Mir. Taft and his advisors, who want him to withhold the message which he has announced he will send to Congress.
 It is understood that Mir. Taft fearA that business generally will suffer if the Supreme Court afiirms the finding of the Circuit Court in the dissolution case and he strongly favors what might be termed vaccination" of the body corporate by the administration of legislative remedy before the eyai ap- pears, On the other hand, congress sionai leaders think such course would merely supply ammunition to the opponents of the administration by giving them an excuse to charge tnat the force of the Taft regime tg being directed toward creating . shelter for monopoiies."
 If the President should submit his recommendation soon after Congress- reconvenes, and should follow what sm said to be his present inciinatton, ne would ask for tife passage of a Fedsrai incorporation law without delay on tna grounds that honest business is men aced under the protection cf the snsr- man anti-trust act given by the Cir cuit Court decision In the et&ndnrd oil case. While the Presidenrs view is shared by the leaders named th1y recognize the fact that there Will PC serious opposition to any iegisAAuon apparently calculated to marrow the scope of the Sherman law. They De- iieve 1t would be part of wisdom therefore. to await the decision or ths Supreme Court.
 Taft Reviews EvademQn.
 MT. Taft. t is said. has reviewed per sonallv the evidence in the Standard of case. with tho result that he be- Iieves the decision by the Circuit Court correctly interprets tho law; if so. ne presumably expects that the decree will be sustained by the snpreme Court The understanding of those with whom MT. Taft has discussed the case 10 tnae he could recommend the enactment of a Federal incorporation law without becoming amenable to charge that he was seeking to prejudice the su- preme Court.
 That the present is an unpropitious time to send such message to Con- gr0sa and no matter now c&uNttu4 knN President might be in the wording of his recommendation. political Issue will certainly be made of it, Is the opnion of the Republican leaders. The leaders do not all agree that the Su- preme Court will sustain the decision of the Circuit Court without mitigating the force of that interpretation of the sherman law. They point to the fact that the Supreme Court sustained the right of Congress to enact the legisln- tion contained Ia the commodities clause of the Hepburn law, but that t did SO in a manner such as to make if virtually non-effective.
 Past decisions by the Supreme Court in suits brought under the sherman anti trust law, have In the main con- hrrned the constitutionality of the law ana have given to 1t the broadest appli- cation. it Is argued nevertheless, in view of the far-reaching ehect of the recent decision in the Standard oii case upon corporations generally, both good and bad. Congress may well pc asked by the President to take time by the foreiock and to modify the forcc of that act.
 The Standard oil case, in all prob ability win be argued before the Su- preme Court early in March. Ir de- snatch is shown in getting adjudication of the case, 1t ia likely that there will still be opportunity for Congress fe consider remedial legtstation during the present session