The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-03-03
Committee Disagress and Re
port Becomes Ineffective
TWO SENATORS TOGETHER
cuberson and kittredge Unite In the
Opinion That Department of JUS
tice Should Proceed Against
Steel Corporation.

Washington, March 2.-The Culberson
resolution directing the committe on ju-
dietary to report to the Senate whether
in It's opinion the President was author
tzed to permit the absorption of the Ten
nessee Coal, Iron and Railroad company
by the United States Steel corporation
was reported to the Senate today by
Senator Clark, chairman of the commit
tee.
AS agreed yesterday its report was
without recommendation. In presenting
it Mr.. Clark made the simple statement
that the committee had been unable to
agree upon any particular form of re-
port or answer. He announced that the
members of the committee would indi-
vidually submit their views to the SEN
ate.
Seven members of the Senate commit
tee on judiciary signed the report, de-
claring that President Roosevelt without
any authority of law sanctioned the alb
sorption of the Tennessee Coal. Iron and
Railroad company by the United States
Steel corporation and that the merger
was in violation of the Sherman anti
trust law Two of the majority of the
committee, however, attached certain in
dividual views which minimize the effect
of the declaration.
Chairman Clark today reported the
disagreement in the committee and soon
afterward Senator Culberson presented
the views of seven members of the COM
mittee. These were signed by Senators
Nelson, Kittridge and Foraker (repubn-
cans), and Culberson, Bacon, Raynor and
Overman (democrats). The additional
views were given by Senators Nelson and
Bacon.
In the opinion of Senator Nelson the
President may have been misled by the
officials of the United States Steel cor
poration, Messrs. Frick and Gary, who
urged upon him the necessity of per-
mitting the Steel corporation to buy the
Tennessee concern in order to save a
business institution of New York city
during the panicky days of October and
November, 1907.
Mr.. Bacon expressed doubt whether the
Senate should pronounce finally upon the
question whether the President commit
ted a wrongful act for the reason that
the Senate is Judge in impeachment pro-
ceedings. He takes the position that the
merger was Illegal, but that the Senate
should not take any action to prejudice
any proceedings that might hereafter be
brought before 1t.
Senators Culberson and Kittredge take
the position that a majority of the COM
mittee has reported that the merger was
illegal, and that the department of JUS
tice should proceed against the United
States Steel corporation to dissolve it.
From the report signed and submitted
today, it appears that had 1t not been
for the illness of Senator Bacon and his
absence from the committee of yester-
day, 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 it necessary for the committee
to consider whether the transaction was
a violation of the antitrust law He
said the reply of the committee should be
confined to the one question as to whether
the President was authorized to permit
the merger, and that this should be an
swered In the negative. In view of the
fact that representatives of the Steel cor
poratien called upon the President and
asked his advice concerning the transac-
ton, and that the question also was sub
mtted to Attorney General Bonaparte,
Senator Foraker took the position that
the Steel corporation should not be con-
demned for Its action.
This disagreement of the resolution was
placed on the calendar and will expire
with the close of the present session.