New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-25

There is no doubt that President
Harding IS hoping against hope that
before any urgent measures are forced
upon the government the operators and
the men will find some excuse for get
ting together, thus saving the Admin
lstration the embarrassment of hand
ling situation which every one re-
olizes is charged with dynamite.
Ii is known, too, that the Presidents
advisers are far from being in accord
as to the present "wateh<ul waiting
policy. A Cabinet member asserted
rather fatty TO group of newspaper
men to-day that if he were the Gar
of this country he would not hesitate
a moment before taking steps to re-
lieve the situation.
But / am not the court of last Re-
sort on this question" he said. Many
elements have to be taken into con-
alteration, and I am not able to tell
you what will be the outcome"
Legislators Criticize Executive
There is considerable criticism Of
the Administration on Capitol Hill for
wasting what the legislators think Is
very precious time when the needs OF
the country for next winter are con-
sidered.
Numerous kilograms reached SEN
asors to-day telling of the growing
shortage of coal. Senator Willis. Of
Ohio, received telegram from Marys-
Vile saying the water plant was
threatened with shutdown because
of lack Of coal. Senator Cunlmins has
received kilograms from Des Moines
and Dubuque telling of shortage of
coal for public utilities. Some Illinois
cities are making like complaints.
Present at the discussions with Sec
D. lN., &c
sioner Aitchison of the Interstate
Commerce Commission; Mr.. Esterline
of the Department. of Justice, Director
Smith of the Geological Survey and
Acting Director HoIbrook of the Blu
reau of Mines for the Department of
the Interior. the representatives of
the coal operators, Mr.. German, Of the
American Railway Association and Mr..
Davis, director general of railroads.
Mr.. Bochus was elected chairman Of
the operators committee.
Attorney General Daugherty's opin-
len on the Hoover plan follows:
GAS I understand it your plan is to
form associations acting under your
directions whose sole purpose will be
TO meet the emergency in distribution
and stop profiteering, and at the
proper time you intend to apply to the
Interstate Commerce Commission to
promulgate rules governing car dis
tribution during the existing shortage,
ment can be placed at mines affording
the greatest opportunity Of service and
willing to charge for its coal no more
than is fair and just.
Gas between two mines whose out
put is the same your plan contem-
plates, during the existing shortage.
favoring the mine in the supply of
cars which charges the public fair
prices as against the mine which al
lows its greed to exact whatever can
be obtained, however unwarranted and
extortionate the price may be. You
have no purpose other than to promote
the welfare of the public by inaugu-
rating plan of distribution designed
to maintain national life itself and to
restrain extortion by the stern hand
of repression. Your idea is to have
both operators and miners furnish you
with statistics along the lines just
mentioned, thus enabling. you to place
before the commission from time to
time whatever information is neces-
sary to enable it to give proper and
intelligent directions.
"In thus acting you intend to repre-
sent the commission as one of its
designated agencies, or to go before it
in any other capacity, whichever
method meets with its approval. In
view of all these conditions causing
the present emergency, the inevitable
result of which is to disrupt and de-
quire whether the plan you have out
lined would be illegal and whether
authority exists for its adoption and
enforcement.
Holds Plan is Entirely Legal
.e n,
legal. | fail to see wherein any law
of Congress would be violated. The
interests of the public are deserving
of paramount consideration, and have
no misgivings in giving it my unquali-
fed approval. Moreover, l feel con
WINGED that full and ample authority
exists for its adoption and effective
enforcement. If the Interstate Com
merce Commission finds the existence
of an emergency such as you describe
that body has ample and unquestionet
authority to provide such rules ant
regulations as will enable the plar
you suggest to be carried int
operation.
"In concluding / want to say that
have no hestancy in advising you that
in MY opinion, where and when ar
emergency exists on account of the
shortage of coal for use in interstate
commerce. ana IN the CranSpOTtatl or
of the mails and when the price of Goa
for such purposes and for the genera
necessities of the people has been un.
justifiably and unbearably increased BY
operators who produce large supply
associations such as your plan contem.
plates, to act with and under govern.
mental agencies to meet the existing
emergency, more equitably to distrib,
ute coal and to prevent extortion ir
the price thereof, while acting with anc
under governmental agencies for the
purposes aforesaid, are legal and dc
not violate any provision of the so.
called Sherman antitrust law or any
other Federal law.
in carrying out such plan for the
sole purpose you propose all persons
firms or corporations chosen by govern.
mental agencies to assist you, as Ions
as they act in good faith to carry out
such plan with and under governmental
agencies and not otherwise, will violate
no law of the United States"