The Birmingham age-herald., 1909-01-08
CULBERSON CALLS
 T LAWLESS ACT
Texas Senator Again Jumps on
 President Roosevelt
TENNESSEE COMPANY DEAL
It Is Maintained By Senator cuberson That RooseveIt's Act In Restrain ing the Attorney General Was
 Arbitrary and Unlawful.

Washington, January I-Characterizing the action of the President in directing the Attorney General not to prosecute the United States Steel corporation for its absorption of the Tennessee Coal and Iron company as another arbitrary and lawless act of the chief magistrate" Senator Gull person of Texas introduced a resolution in the Senate today instructing the com mittee on the judiciary to report at as early a date as practicable whether in the opinion of that committee the Pres ident was authorized to permit such ab sorption.
 MT. Culberson, at considerable length, criticised the President and insisted that Congress had the right to give direc- tions to a head of an executive depart ment under certain conditions.
 Senator Hopkins declared that the Texas senator was not properly representing the President, and said that MT. Roosevelt had not approved the action of the Steel corporation, but that he had merely mot felt it his duty to oppose such action"
 MT. Culberson cited legal authorities to prove that Congress is empowered to place restrictions upon heads of execu- tive departments and to direct their acts in certain ways. He read a Statement published in a newspaper dated October 13, 1908, in which the Attorney General was quoted after the absorption of the Tennessee Coal, Iron and Railroad com pany by the United States Steel corpora tion as saying that he would proceed in 41, ainS he if the Steel corporation should violate the law in respect to the restraint of trade
 Yet" said MT. Culberson, the Attor ney General then had received from the President himself a letter dated Novem Der 4. 1907 in which he told him it was contemplated to merge the Tennessee Coal, Iron and Railroad company into the United States Steel corporation and that so far as he was concerned he did not see fit to interfere.
 MT. Culberson, commenting on the Pres idents remarks about the absorption of the Tennessee company, said they were flor some purpose unknown to me and on which I will not speak at this time"
 As the President was taking his &C., tion in respect to the Steel corporation, MT. Culberson said the Attorney General was proceeding in the courts of New York to procure the dissolution of the tobacco trust on the ground that it had ab- sorbed some of its rivals.
 The response of the President" said MT. Culberson, shows that no action has been taken by the department of Justice and that none has been taken because the President took the matter into his own hands as is not infrequently the case. It shows further that one other arbitrary and lawless act of an important nature has been traced to the chief mag istrate of the country, who is solemnly obliged by the constitution not only to obey the law himself but to take care that it is faithfully executed by others"
 MT. Hopkins suggested that the President in his message did not make any state ment susceptible of the interpretation placed upon it by MT. Culberson. He said the Presidents remarks in refer ence to taking over the stock of the Tennessee Coal, Iron and Railroad com pany by the Steel corporation was to the effect that he felt mo public duty to in terpose objection. He does not say he ap proved it." insisted MT. Hopkins.
 ''The question we have before us," said MT. Culberson, lis whether there is any law that authorizes the President to issue permit to allow the violation cial stringency or for any other pur- pose"
 On motion of Senator Clark the further consideration of the resolution was post pOned.