The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-27
TO HEAD OFF THE COURT
New Corporation Law Is Planned by
Republican Leaders.

Washington, Dec. 27.-Serious consid-
GRAFTON, it is announced, is being given
by President Taft and leaders in con-
gress to the question of attempting to
enact federal Incorporation act in adj
vance of a final decision in the Stand
ard Oil dissolution case. There appears
to be an important difference Of pinion
between Mr.. Taft and his advisers, who
want him to withhold the message
which he has announced he will send to
congress.
1t is understood Mr. Taft fears bust
ness generally will suffer if the supreme
I court afhrms the finding of the circuit
court in the dissolution case. and that
he strongly favors what might be term
ed Vaccination of the body corporate
by the administration of legislative
remedy before the evil appears. On the
other hand, congressional leaders fear
such a course would merely supply am
munttfon to the opponents of the adj
n1in1stration by giving them an excuse
to charge that the force of the Taft re-
gime is being directed toward creating
shelter for monopolies.
| If the president would submit his rec
concentrations soon after congress re-
convenes and should follow what is said
| to be his inclination, he would ask for
| the passage Of federal corporation law
without delay, On the ground that hon
est business is menaced under the inter
probation Of the Sherman antitrust act
given by the circuit court decision in
the Standard Oil case. While the presi-
dents view is shared by congressional
! leaders, they recognize that there will
be serious opposition to any legislation
apparently calculated to narrow the
scope Of the Sherman law. They be-
lieve this opposition is so strong that
there would be a protracted contest
over such a measure and it would be
the part of wisdom, therefore. to await
| the decision Of the supreme court.
| Relieves DaoiSior, VIII Cfon6
Mr.. Taft, 1t is said, has reviewed per-
sonally the evidence in the Standard
| Oil company case with the result that
he believes the decision correctly inter-
prets the law; if SO, he presumably ex-
| poets the decree will be sustained by
the supreme court. The understanding
of those with whom Mr.. Taft has dis
| cussed the case is that he could rec
| ommend the enactment of federal in
corporation law without becoming
amenable to charge that he was seek
| ing to prejudice the supreme court
| That the present is an unpropitiouS
| time to send such message to congress
| and that no matter how cautious the
president might be in the wording Of his
| recommendation, political issues will
| certainly be made of it. is the opinion
of the Republican leaders. These do not
| all agree that the supreme court will
| sustain the decision without mitigating
| the force of that Interpretation Of the
| that the supreme court sustained the
| right of congress to enact the legisla-
| ton contained III the commodities
clause of the Hepburn law, but that it
did SO in a manner such as to make it
virtually roneffective.
It is suggested as not impossible that
a decision with the edge duIled," in
like manner might be handed down in
the Standard OIL case.
Past decisions by the supreme court in
case brought under the Sherman anti
trust law have in the main confirmed
the constitutionality of the law and have
given to it the broadest application. It
is argued. nevertheless, in view of the.
far reaching effect of sic recent decis-
ion in the Standard Oil case upon cor
porations generally. both good and bad
congress may well be asked by the
president to modify the force of the
act.
The record in the Standard case like
ly will reach the supreme court by Jan
uary 8, and that counsel for the gov
eminent and the company will concur
in a request for it's advancement on
the docket that it may be argued
early in March. This would give Just
time to the attorneys to prepare for
| the argument and give the court time
to consider the matter before it's ad-
| journment in May If dispatch is shown
in getting final adjudication of the case
it is likely there still would be oppor-
| tunity for congress to consider rem
edial legislation during the present ses-