The Montgomery advertiser., 1909-03-03
ROOSEVELT
 MADE ERROR Senate Receives Report
 on Merger. MAY PROSECUTE MAGNATES Views Held by Senators Widely
 Different. Crfticism of President is Held to Be Unwise In View of the Im-
 peachment Preroxative
 of Body.

Washington, March 2.-The Culber- son resolution directing the Commit tee on Judiciary to report to the Sem ate whether in It's opinion the Pres ident was authorized to permit the ab- sorption of the Tennessee Coal and Iron Company by the United States Steel Corporation. was reported to the Senate today by Senator Clark, chair man of the committee.
 As agreed yesterday by the Commit tee its report was without recommen- dation. In presenting 1t Mir. Clark made the simple statement that the committee had been unable to agree upon any particular report or answer. He added that members of the com mittee would individually submit their views to the Senate.
 r. Seven members of the Senate Com mittee on Judiciary signed the report declaring that President Roosevelt. without any authority of law. sane toned the absorption of the Tennessee Coal and Iron Company by the United States Steel Corporation and that the merger was in violation of the Sher- man antitrust law. Two of the ma jority of the committee. however, att tached views which minimizes the ef- feet of the declaration.
 Chairman Clark today reported the disagreement in the committee and soon afterward Senator Cufberson pre-. sented the views of seven members of the committee. There were signed by Senators Nelson, Kittredge and Fora ker (Republicans) and Culberson. Ba- con. Rayner and Overman (Democrats.) ) The additional views were given by Senators Nelson and Bacon.
 In the opinion of MT. Nelson the President may have been misled by the officials of the United States Steel Corporation, Messrs. Prick and Gary. who urged upon him the necessity of permitting the steel corporation to buy the Tennessee concern in order to save n business institution of New York City during the panicky days of Ooto- ber and November. 1907.
 Mir. Bacon expressed doubt whether the Senate should pronounce finally upon the question whether the Presi- dent committed a wrongful act for the reason that the Senate Is judge in im- peachment proceedings. He takes the position that the merger was illegal. but that the Senate should not take any action to prejudice any proceed ings that might hereafter be brought before 1t.
 Senators Culberson and Kittredge take the position that a majority of the committee has reported that the merger was Illegal and that the De- partment of Justice should proceed against the United States Steel Cor poration to dissolve 1t.
 From the report signed and submit ted today. 1t appears that had 1t not been for the illness of Senator Bacon and his absence from the committee of yesterday the report declaring the President acted without authority of law, would have been adopted as the opinion of the committee.
 Senator Foraker declared that he did not think 1t necessary for the com mittee to consider whether the trans action was a violation of the antitrust law. He said that the reply of the committee should be confined to the one question as to whether the Presi- dent was authorized to permit the mer- ger and that this should be answered n~the negative. In view of the fact that representatives of the Steel Cor poration called upon the President and asked his advice concerning the trans action, and that the question also was submitted to AttorneyGeneral Bona parte. Senator Foraker took the posi- ton that the Steel Corporation should not be condemned for its action.
 This disagreement on the resolution was placed on the calendar and will expire with the close of the present session.