The Washington times., 1910-01-20
Incorporation LAW
NAY Be DEMANDED
Expected That Heavy Pres.
sure Will Be Brought
Upon Congress.
By JOHN sNURE.

Indications are strong that Congress
VIII be put under tremendous pressure
before the end OF the season 10 enact a
national Incorporation measure.
Reports reaching Washington are that
Wall Street and some Of the heads Of
the big Industrial combinations are
greatly disturbed over the situation
with which they are confronted
on the one hand, the S1preme Court
OF the 1-s-ised States IS expected soon to
pass on the Tobacco trust case and the
Standard on case The Tobacco trust
decision is looked for any Monday
The decision IN the Standard OIL case
viii doubtless not be ueedIesslv DELAYED
These decisions, IN the opinion Of law
yers generally, viii uphold the inclusive
Interpretation Of the Sherman antitrust
law given by ID . lower courts in these
cases
II this is the case. then It VII be pos
sible Tor tlys Administration to reach
out and CT sh \ number OF big com
binatiOns which are pretty well under
stood 10 be as anenabIe 20 the Sber
man law as are the Standard OF Com
pany and the Tooacco trust More than
this, there has bten some decidedly Wig
oroUs talk in hil-i, Administration o1Iar-
teTs Of late that il the Government won
out as expected IN the two great cases
named, It might be expected that other
important prosecutions would follow.
No Modification
That part Of big business which "a con-
cerned in the great combinations that
could doubtless be attacked under the
sherman law sees on the one side a.
drastic Interpretation OF that law COM
Ing from the Supreme Court II has
been found practically impossible TO get
Congress 10 modify the Sherman law
The only recourse left for the great in
terstate corporations IS national i1cor-
poratiOn or its equivalent, some system
Of Federal licensing.
But Congress is not disposed at this
time TO enact q national fncor7orarfon
measure. President Taft recommended
one IN Ills srecent special message on
Ile COTp0T atiOnS and railroads and the
pan representing the Administration
ideas has been prepared
CONFIDENTIAL copies have been IN the
- 9us- or the members OF the Senate
~ House Judiciary Committees for
SO.oe OayS. The bill has not vet been
introduced but its provisions have beaD
made known It IS expected that If will
e-,ll oe lntroduced ,I1 IN both houses at an
The Opposition
The bill as drafted has stirred m
much criticism in Congress It IS gen
orally concedes that II cannot pass at
this session Conservative Senators sav
they see little OF no hope for its pass-
age because the Western Senators gen
orally are against IL Southern Demo
cratic Senator's oppose II because they
think It invades the domain Of State
rights
InsurEent Senators are against IT on
the ground its provisions are too leuf-
ent and that it wOulG AFFORD a refuge
for many OF the great combinations
which are now believed TO be vfoiat-
ing the Sherman law President Taft
himself is understood TO take the view
that the bill IS not likely to pass this
session He hopes that It's consfde-a-
tiOn- however. viii have an educa tfonaI
value
In this situation. there are distinct
notes Of disturbance IN the financial
centers. In New York Just now. the
stock ma riet is greatly unsettled. This
is said TO be due on the one hand TO
the expected Tobacco trust decision and
the Standard OIL decision later on and
to the obstacles in the way Of enacting
national Incorporation measure.
View In Senate
The Senate lawyers are giving a good
deal of study &c the Administration in
corporation measure some OF them do
not hesitate 90 declare Il is fun OF
holes IN the first place, there Is
great deal Of opposition in Senate and
Houss alike among the more.progressive
Republicans 10 a voluntary incorpora- =
ton law It's cousttUtionslity IS c1Ies-
toned BY some Of the ablest OF the law
yers in Congress
In the Administration measure IS a
provision which in the opinion of some
Of the Senate lawyers would Iegalfze all
the greaf interstate combinations ont
side possibly OF railroad corporations.
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