Los Angeles herald., 1909-01-08
SEN. CULBERSON SCORES
ACTION OF ROOSEVELT
ON U. S. STEEL MERGER

WASHINGTON, Jan. I'm the SEN
ate today Senator CulberSon made a
brief reply to the message sent to the
senate yesterday by the president, say
ing he had directed Attorney General
Bonaparte not to reply to the senate S
| resolution of inquiry concerning the
merger of the Tennessee Coal and Iron
company with the United States Steel
corporation.
In his statement Mr. Culberson char
acterized this as another arbitrary
and lawless act'' which, he said, he
had traced to the chief magistrate of
the country
He continued: "Who is not only sol
emily obligated to obey the law him
self, but to see that others do So"
Mr. Culberson introduced a resolution
instructing the committee on judiciary
to report to the senate at as early
day as possible, whether in the opin-
ion of that committee the president WAS
authorized to permit the absorption of
the Tennessee Coal and Iron company
by the United States Steel corporation,
and then proceeded with his remarks.
He said the presidents position in de-
nying congress had authority to direct
a head of a department by resolution
of inquiry is characteristic of the dis
tinguished occupant of the White
House, and it is a corrollary of the
main dogma that he is absolVed from
any legal restraint whatever.
Mr.. Culberson cited legal authorities
to prove that congress was empowered
to place restrictions on heads of eXecu-
tive departments and to direct their
acts. He read a statement in which
the attorney general was quoted, after
the absorption of the Tennessee Coal
and Iron company by the United states
Steel corporation, as saying he would
proceed in the courts against the Steel
corporation if the Steel corporation
should violate the law In respect to re-
straint of trade.
yet" said Mr.. Culberson, 1.-The attor-
ney general then had received from
the president a letter in which he told
him it was contemplated to merge the
Tennessee Coal and Iron company into
the United States Steel corporation,
and that so far as he was concerned he
did not see fit to interfere"
At the time the president was taking
his action in respect to the Steel cor
poraion, Mr.. CulberSOn said, the attor-
ney general was proceeding to dissolve
the Tobacco trust on the ground 1T
had absorbed some of it's rivals.
SAYS Presidents Act Lawless
1.-THE response of the president said
Mr. Culberson, sis a complete answer
to the senate resolution. 1t shows no
action has been taken by the depart
ment of Justice, ana JndJ none mas
been taken because the president took
the matter in his own hands, as is not
infrequently the case. 1t shows fur
Their that another arbitrary and law
less act of an important nature has
been traced to the chief magistrate,
who is solemnly obligated by the con-
stitution not only to obey the law him
self, but to take care that it is faith
fully executed by others"
Mr.. Hopkins suggested that the
president in his message did not make
any statement susceptible of the in
depreciation placed on it by Mr.. Gull
berson He said the presidents re-
marks in reference to taking over the
stock of the Tennessee Coal and Iron
company by the Steel corporation was
to the effect that he felt it not "a pub
lie duty to interpose objection"
He does not say he approved it,
insisted Mr.. Hopkins.
1.-THE question we have before us,
said Mr. Culberson, lis whether there
is any law nat authorizes the presi-
dent to issue a permit to allow the
violation of statute, whether to re-
liove a financial stringency or any
other purpose
On motion of Senator Clark further
consideration Of the resolution was
postponed.