The Birmingham age-herald., 1910-04-01
New York Senator Declares That Merger Provision Is
 Very Great Advance
TRAFFIC AGREEMENTS
 MUST BE CONTROLLED
Root Declares That Railroads Must Come to Agreements Upon Traffic Rates But This Must Also Re
 Regulated By Law

Washington, March 31.-Commandng the careful attention of a majority of his colleagues, Senator Root today con- sumed three hours of the time of the Senate in continuing his speech in de- fcnse of the administration railroad bill. He again failed to conclude his remarks. Mir. Root defended the merger provis- ion of the bill as great advance over existing law in that it made the purchase of one companys stock by another an offense, while he argued such acquisition was not illegal, except as part of a con spiracy.
 MT. Root also supported the traffic agreement section, but expressed a will lngness to require such agreements to be dependent upon the approval of the interstate commerce commission.
 In advocating the enactment of section ' of the bill, permitting traffic agree raents between the railroads and repeal sng so much of the antitrust law as prohibits such agreements, MT. Root em- phasized the provision as of especial inn portance He declared the present pro hibitive act provoked it's own violation. This course was most oemoraliZing and should not be encouraged by failing to put it in the power of the railroads to observe the law and still mak their agree ments. It was better to have the rail- roads voluntarily conform to the law than to have them forced to do so he said.
 Agreements of Railroads
 He argued that in many matters the railroads were practically required to enter into agreements. and so long as tbis was true he said it was absolutely necessary that the roads should he ati- ] thorized to ccme together To do this would be to wipe out an anomaly and abuse.
 In reply to an inquiry from MT. Ray ner, MT. Root said he would favor an amendment requiring that agreements among railroads should have the approval of the interstate commerce commission before going into effect. He did not, however, regard the addition as of par ticular importance The only reason for its insertion would be desire to avoid misunderstanding. The concession. how ever, was considered by the opponents of the bill as very important.
 MT Depew advocated amending the pa.i sc as to require governmental approval. He said he had held to that position for many years before he entered the Senate. And believe that is the attitude or every. railroad man in the country he added.
 Approval of Agreements
 Senator Clapp said he would insist that the bill should be worded so as to make agreements unlawful unless approved os the commission. MT. Root said he never would consent to give to the commisison the right to suspend rate fixed by railroad without Investigating. He would not consent that any official should TX the railroad rates, but was willing that the government should supervise rates. TO do more would be to change from the American flo the European system, he said. with government ownership inevit- ably following.
 I've all desire the -extension of our system but we will never say to the capital of the country that we encourF are its investment only with the end III view of concentrating It's control Ill Washington," said MT. Root.
 Mr Cummins asked whether there vas any difference in principle in giv- ing the commission the power to sus- pend rates for 50 days for the purpose of Investigating and in giving 1t power to make an indefinite suspension.
 "The power to render fndifinite sus- tensions is the power to render hnal Judgment" responded MT. Root, sswh ercas the power of temporary sus- pension is like the granting of tenn norarv injunction. The power to sus- bend indefinitely involves the right to suspend without any investigations.
 Government Ownership
 Mir Bacon took issue with MT. Roots assertion that the fixing of rates by the government would lead to govern ment ownership. He said that for 30 years the railroad commission Of Geor- ria had had such power.
 Mir. Root replied that there would be found to be vast difference be- tween state and government control. The chief founction of ownership was the fixing of rates, he said, and he argued that if the state could fix rates 1t could so control them as to reduce them to a point where 1t might De necessary to take absolute control. MT. Aldrich asked MT. Bacon wheth- or he was in favor of giving the in- terstate commerce commission power to hx the rates on all the railroads or Georgia. Mir Bacon replied he would not favor turning over control of all the railroads to lhe commission.
 MT. Root contended that the mer- ger section of the bill did not inter fere with the operation of the anti trust act. He declared the supreme court decision in the Northern Secur- 1ties case had not hold the purchase of stock to be contrary to the anti trust law.
 On the contrary it had explicitly held that Congress could not control the mere acquisition of stock of rail- road corp oration. The ofrense was in the conspiracy and 1t might not al- ways be that the purchase of stock was in pursuance of conspiracy, or if 90, 1t was not always easy to prove the fact. He said this bill would re- lieve the government of the necessity of finding conspiracy.
 From Theory to Practice
 "This is no adyance,' he exclaimed N "It is merely an advance from the theory to practice; 1t is an advance krom newspaper dissertations to defin- lerislation. The serious question whether, under our constitution, We