Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-12-27
WANT TAFT To
WITHHOLD
MESSAGE
STANDARD OIL DECISION
MAY INJURE BUSINESS
President and Advisers Divided
on Wisdom of Suggesting
Changes in Sherman Law
With Test Case Pending,

lDy Morning journal Special LEASED Wirel
Washington, Dec, 2G.-Serious con-
sideratlon. it was announced today
! il being given BY President TAFT ana
! leaders in congress to the question of
attempting to enact federal ineor-
! poration act in advance of a final
decision In the Standard oil disso-
luton case. There appears To be an
important difference OF opinion be-
tween AIR. Tart and his advsers who
want him TO withhold the message
which he announced he would send to
congress.
It is understood Mr. TAFT fears
business generally will suffer IL the
supreme court aifirs the finding of
the circuit court In the dissolution
ease ana that he strongly iaVors what
might be termed vaccination Of the
body corporate by the administration
of legislative remedy before the evil
appears. on the other hand con-
gressionnl leaders fear such n course
would merely supply ammunition to
the opponents of the administration
bV giving them an excuse 10 charge
that the force of the Tart regime IL
being directed toward creating shell
ter for monOpolics.
II the president should submit his
recommendation soon after congress
3
said TO be his present inclination, he
would ask for the passage of fed
cral corporation law without delay
on the ground that honest business Is
menaced under the Interpretation of
the sherman antitrust act given by
the circuit court decision in the
Standard OH case. While the presi-
dents view Is shared by congression-
al leaders, they recognize that there
viii be serious opposition to any
legislation apparently calculated to
narrow the scope of the sherman law
They believe this opposition is so
strong that there would be pro-
tracted contest over such a measure
ana that It would be the part Of wis
dom therefore, to await the decision
Of The supreme court.
Mr. TAFT. IL is said. hats reviewed
personally the evidence In the stand
ard Oil case and believes the decision
correctly intetprets tho law; If SO
he presumably expects the decree will
be sustained by the supreme court
The UNDERSTANDING of those with
whom Mr. TAFT has discussed the case
is that he could recommend the en-
actment of a federal incorporation
law without becoming amcnable To q
charge that he was seeking TO prc1u-
dice the supreme court.
That the present is an unpropitious
time 30 send such message to con-
uress and that no matter how eau
tious the president might De In thu
working of his recommendation, po-
litical issue VIII certainly be made of
il. is the opinion of the republican
leaders. These do not all ngrec that
the supreme court viii sustain the
decision without mitigating the force
of that Interpretation OF the sherman
law. They point to the fact that the
"a ~. ltrI .t
congress to enact the legislation CON
tanned in the commodities clause of
the Hepburn law but that II did So
in "a manner such as To make il vir-
ually non-etfeCtive.
II is suggested ns not impossible
that decision with the edge dulled' .
i'm like manner might be handed down
in the standard oil ease.
Decisions by the supreme court in
cases brought under the sherman an
ti-trust law have In tho main con-
firmed the constitutiounliN of the
law and have given 10 IL the hroadcst
application. II is argued. nrvcrtho-
less. i'm view of thc far-rcaching ef-
feet of the recent decision In the
Standard oil ease upon corporations
generally. both good ana bad. con-
grcss MAY well hc asked 10y the prcsi- .
dent To- modify the force OF the act
The record ln the Standard case
likely will reach the supreme court
bN January g. and t is possible coun-
sci FOR the got rrumcnt and th' COM
pany will concur boz 90 request for its
advancement on the docket. SO that 1t
may be argued early in March. This
would give just time tn the attorneys
to prepare for the arguments ana
give the court time to consider the
matter before its adjournment la May.
10 dispatch is shown in getting fin
90 adjudication of the case it Is likely i
there still would De opportunity Tor
congress to consider remedial lcgisia-
tion IN tho present session.