New-York tribune., 1909-12-17
THE DAWN WASHINGTON

ing the submission OF any special messages
| to Congress until after the holiday recess
is the occasion OF qualification 10 those
who are urging the advisa5iity OF do
nothing policy at this session. From their
point OF view. the longer the President
postpones his special messages the better
IL will be. They are already predicting
that the pOstponement OF the special mes
sage the antitrust law until after the
Supreme Court has handed down its deei-
sion in the Standard OIL case will render
it impossible 10 incorporate in law any OF
the Presidents recommendations on that
subject. and they are urging the advisa-
bility OF meeting the specific conservation
recommendations Of the Executive with a
general authorization OF the Secretary of
the Interior 10 take such steps as he may
deem expedient 10 protect the pubic do
main pending further legislation by Con-
gress The Senate leaders. as has been
told in this column. have placed interstate
commerce legislation on their confidential
programme. but they will be delighted IL
Mr.. Taft can be induced to debate the sub
ject with his legal advisers so long to
render lack OF time for proper considera-
tion reasonable excuse fer non-action by
the upper house.
The desire OF the national banks OF Chi
cagO 10 have the corporation law tested by
an injunction suit brought by stockholders
against the directors of the banks. pro-
hibiting them from paying the tax. which
was recently made known To Attorney
General Wckersham by Judge Edward
Osgood Brown. counsel for the banks. is
not likely 10 be gratihed. II is pointed out
that. while the income tax law was tested
oh
tained an Injunction against himself for
bidding the payment of the tax. the Su-
preme Court handed down a strong dis
senting opinion. written by Justice Harlan
and concurred in by four Of the nine mem
bers OF the court. severely criticisng that
method Of testing the law. Moreover. fl is
said that while an injunction could restrain
an individual from paying the tar a ccr-
poration. having real property. could be
held liable for the tax, and that the gov
ernment would not be restrained from
levying on the property by an injunction
granted against its officers II is expected.
therefore. that the corporation tax will be
tested by suit brought after the tax has
been paid under protest TO recover the
amount paid. For this reason IL is eX-
pected that there will be a rush to pay
the tax By those who desire to be recog-
nized I'm suits intended to test It's consttu-
tionality
The extent TO which the conservation
movement has taken hold OF the imagina-
tions Of people engaged in all lines OF in
dustry is somewhat strikingly illustrated
by the eloquent appeal for the furtherance
Of the movement made to-day by NJ. V
Richards, land and industrial agent Of the
Southern Railway, before the American In
stitute OF Architects. Mr.. Richards told the
architects that the railroads are not after
merely temporary traffic The practical and
farseeing railroad man is constantly seek
ing permanency OF business. as well as vol
ume and character because lines and in
vestments are meant 10 be permanent Mr
Richards. who IS recognized as one of the
most effective promoters OF industrial prog
ress in the South. doubtless expressed the
sentiments OF the highest type OF railway
men. as distinguished from those who ex-
plot railway properties with the chief pur-
pose of affecting the stock market 1t is
the ambition OF President Taft. by his
scheme OF federal control OF securities 10
make the type Mr.. Richards represents the
only profitable railway management IL
conservation can promote the ideals OF the
President in that direction. II will certainly
be accomplishing even more than has been
predicted for it by its most ardent advo-
Gates. G. a. II