The Birmingham age-herald., 1909-12-27
President Fears That Supreme Court Decision Might Hurt
 Business
EVIDENCE IN THE CASE
 CAREFULLY REVIEWED
Taft Wants to Send Message to Con gress Proposing Federal Incor- poration Act, but Party Lead
 CTS Fear the Result.

Washington, December 26.-Serious con- sideration is being given by President Taft and leaders in Congress, including Senator Aldrich and Speaker Cannon. to the question of the advisability of at tempting to enact Federal incorporation act in advance of final judicial decision in the Stanard Oil dissolution case. There appears to be an important difference or opinion between MT. Taft and his advis- CTS, who want him to withhold the mes sage which he has announced he will send to Congress.
 It Is understood that MT. Taft fears that business generally will suffer if the supreme court affirms the finding of the circuit court in the dissolution case, and that he strongly favors what might be termed vaccination" of the body corpor- ate by the administration of legislative remedy before the evil appears. On the other hand, congressional leaders think such a course would merely supply ann munition to the opponents of the admin istration by giving them an excuse to charge that the force of the Taft regime is being directed toward creating a ''shel- ter for monopoles."
 If the President should submit his rec concentrations soon after Congress con- venes, and should follow what is said to be his present inclination, he would ask for the passage of a federal incorpora- tion 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 oil case. While the Presi- dents view is shared by the leaders named, they recognize the fact that there will be serious opposition to any legisla- ,tion apparentlv calculated to narrow tho scope of the Sherman<law. They believe it would be the part of wisdom, there fore, to await the decision of the su- preme court.
 MT. Taft, it is said, has reviewed per sonally the evidence in the Standard Oil case with the result that he believes the decision by the circuit court correctly i'm terprets the law; if so. he presumably ex- poets that the decree will be sustained by the supreme court The understanding of those with whom MT. Taft has discussed the case is that he could recommend the enactment of a federal incorporation law without becoming amenable to a charge that he was seeking to prejudice the su- preme court.
 That the present is an unpropitious time to send such a message to Congress, and no matter how cautious the Pres ident might be in the wording of his recommendation, political issue will certainly be made of it. is the opinion of the republican leaders The leaders do not all agree that the supreme court will sustain the decision of the circuit court without mitigating the force of that in depreciation of the Sherman law. They point to the fact that the supreme court sustained the right of Congress to enact the legislation contained in the commo- dities clause of the Hepburn law, but it did so in a manner such as to make 1t virtually non-effective
 Past decisions by the supreme court in suits 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 the recent decis- ion in the Standard Oil case upon cor porations generally, both good and bad, Congress may be well asked by the Pres jdent to take time by the forelock and to modify the force of the act.
 The Standard Oil case in all probabil- tty will be argued before the supreme court early in March. If dispatch is shown in getting adjudication of the case it is likely that there WI still be op- portunity for Congress to consider re- medial Legislation during ,he present ses- sion.