1909~ CONGRESSIONAL RECORD-SENATE. 3839 James C. Weaks to be Postmaster :at Monroe, La.., in place ·of The VICE-PRESIDENT. It will be printed. Pinckney Weaks. Incumbent's commission ·expi:r:ed Decembel" l\Ir. KEAN. It should not go to' the Committee on .Com­ 12,190"8. merce, I think. MINNESOTA.. Mr. CULBERSON~ It ought to go to the Committee on the Edwin G. Braden to be postmaster a.t Wayzata, Minn. Office I Judiciary, it occurs to me. becomes presidential July 1, 1909. I Mr. KEAN. Either the Committee <>n the Judiciary Qr the Committee on Interstate Commerce. NEW H.A.MPSIDRE. Mr. HALE. Let it. go to the Committee on the Judiciary. Arthur H. Copp to be postmaster at Wolfeboro, N. H., in The VICE-PRESIDENT. Without objection, the former ref· ,place of Forrest W. Peavey, deceased. -erence made by the Chair is abrogated and the communication NEW JERSEY. will be referred to the Committee on tl~e Judiciary. .Alonzo Hand to be po.stmaster at Highlands, N. J. Office be- Mr. CULBERSON. I understand the -order is, also, that it comes presidentfal July 1, 1909. - shall be pririted as a document. William K. Van Iderstine to be postmaster at .Maplewood, The VICE-PRESIDENT. It will be printed under the rule as N . .T. Office becomes presidential July 1, 1909. a document. Yr. CULBERSON. It might be ·printed In the RECORD also. NEW YORK. It is a short statement, I think. Elijah P. Raynor to be postmaster at West Hampton Beach, There being no objection, the communication was ordered to N. Y. Office becomes presidential July 1, 1909. be printed in the RECORD, as follows: Lincoln Sackett to be postmaster at New Lebanon. N. Y., In DEPARTMENT OF JUSTICE, place of Kathryn 0. M. McGrath. Incumbent's commission ex­ OFFICE OF THE ATTORNEY-GENERAL, pired December 13, 1908. Washington, D. 0., June 25, 1909. NORTH CAROLINA. SIB: I have the honor to acknowledge the receipt of a copy of u resolution 11.dopted by the Senate on June 25, 1909, .as follows : James B. Winders to be postmaster .at Warsaw, N. C., in place "Thnt the Attorney-General be, and he is hereby, directM to inform of James B. Winders. 1ncmnbent'·s commission ~pired Febru­ the Senate whether the legal proceedings against the New York, New ary 10, 1909. Haven and Hartford Railroad Comp-any, and the Boston a.nd Maine Railroad Com~any, .!or violation of what is lrnown as the 'Sherman NORTH DAKOTA. - :antitrust law, have been dismissed ; and it any statement has been given out by him touching the matter within the past few days, that Jesse M. Pierson to be postmaster at Granville, N. Dak., in he attach a copy of such statement to his reply to this resolutfon. He 'Place of Edward T. Pierson, resigned. is also directed to inform the Senate when such proceedings were begun J. M. Stewart to be postmaster at Mayville, N. Dak., in place and instituted." In reply, I beg to state that I have directed the United States at­ of David Larin, resigned. torney for the district of Massachusetts to dismiss the legal proceed­ omo. ings brought by the United States against the New York, New Haven and Hartford Railroad Company and the Boston 11.n-d Maine Railroad William 0. Custis to be postmaster at Jamestown, Ohio, in Company for violation of what is known as the " Sherman antitrust place of William O. Custis. Incumbent's commission expired law." In connection with that matter, a statement was given out by February 10, 1909. me touching the matter, a copy of which accompanies this communi- cation. _ . SOUTH DAKOTA. The proceedings were begun and mstituted by the filing of a bill in William H. Doherty to be Postmaster .at Lemmon, S. Dak. equity in the circuit -court tor the distri-ct of Massachusetts on May 22, Office becomes· presidential .July 1, 1909. 1908. b . I have ·the honor to e, sir, · Herbert B. Tysell to be postmaster at Britton, S. Dak., in Very respectfully, GEO. W. WrcKERSHA.M., _place of Frederic J. Brow~ resigned. Attorney-General. The PRESIDENT OF THlli SENA.TE. CONFIRMATIONS. JUNE 24., 1909. by ~. Ea:ecutive nominations -confirmed, the Senate June 1909. The Attorney-General received to-day a certified copy of the act POSTMASTERS. passed by the legislature of Massachusetts and approved last Friday by the -governor Qf that State, 'Creating the Boston Railroad Holding COLORADO. Company. This act authorizes the new corporation created under it Ahiman V. Bohn, nt Leadyille, Colo. to acquire and hold all or an.y part of the stock and bonds of the Boston and Maine Railroad Company, and further authorizes any rail­ IDAHO~ road corporation theretofore incorporated under the laws of . Massa­ Claude R. Duval, at Na.m.pa, Idaho. chusetts to acquire and hold the stock .and bonds _of the Boston Holding Company. .. TOWA. The purpose and e.fiect of thls statute, as publicly announced and as contemplated by its terms, is to authorize the consolidation of · the Oswell Z. Wellman, at Arlington, Iowa. Boston and Maine Railroad Company and the New York, New Haven MARYLAND. and Hartford Railroad Company. This is to be accomplished, first, by the Boston Holding Company acquiring the control of the' Boston Mary W. Tise, at Hyn.ttsville, l\Id. and Maine Railroad Company, and, next, by the New York, New Haven and Hartford Railroad Company acquiring control of the Boston Hold­ MASSACHUSETTS. ing OomDany. George C. Look, at Woods Hole, Mass. The statute referred to further provides that the stock of the Boston Elisha Peterson, a.t Duxbury, Mass. and Maine to be acquired by the holding company shall not hereafter be sold without express authority from the legislature, and that the. NEW JERSEY, stock of the holding company if acquired by the New Haven road, shall not hereafter be sold without express authority of the legisla­ Charles G. Melick, -at l\lilford, N. J. ture. Finally, it is provided that the Commonwealth of Massachusetts George Phillips, at Branchville, N. J. may, at any time, by an act of the legislature, upon one year's notice, take for its own use, by purchase Qr otherwise, all the stock and bonds of the holding company upon certafu terms designed to protect creditors SENATE. a.nd secure just compensation, the whole plan and purpose belng. to permit the consolidation of the Boston and Maine with the New Haven SATURDAY, June ~6, 1909. ·Company, and to provide for their operation hereafter under one man­ agement, with safeguards to protect the interests of the people of The Senate met nt 10 o'clock a. m. Massachusetts. Prayer by the Chapla.in, Rev. Ulysses G. B. Pierce D. D. In view of the fact that the suit of the United States now pending 1 against the New York, New Haven and Hartford and. the Boston and The Secretary proceeded to read the .Journal of yesterday's Alaine Railroad companies for a violation of the antitru.st act rests proceedings, when, on request of l\Ir. KEAN and by unanimous almost entirely upon a claim that these companies had already -con­ consent, the further reading was dispensed with. solidated by means of stock ownership, and since the community most directly affected is the State of Massachusetts, whose laws now ex­ The VICE-PRESIDENT. .The Joumal is approved. pressly authorize such consolidation, the Attorney-General has deter­ MERGER OF RAILROADS. mined to dismiss the Government's action. · In that action the further complaint was made that the New Haven The VICE-PRESIDEXT. The Chair lays before the Senate Hailroad had acquired a number of trolley lines in Massachusetts and a communica.tion from the Attorney-General, transmitting, in adjoining States, and that this was a combination in restraint of in­ t-erstate commerce. Since the Government's suit was determined upon, response to a resolution of the 25th instant, certain informa­ however, the supreme ju.dicial court of Massachusetts, in a case involv­ tion relative to the legal pro~eedings against the New York, ing the right of the New Haven road to acqnire trolley properties in New Haven and Hartford Railroad Company and the Boston Massachusetts, has decided that the railro d company bas no such power, and that company has been parting with such trolley proper­ and Main_e Railroad Company for a >iolation of what is known ties. Upon this question the Attorney-General is convinced that what­ il.S the " Sherman antitru t Jaw," and so forth. ever may have been the merit of the claim when the suit was begun, The communication will be referred, with the accompanying there is not now i.n this case any such element of competition in inter­ state commerc-e by reason .of such ·ownership of trolley lines as would papers, to the Committee on Commei·ce .and printed (S. Doc. justify a further pro ecution of tbP action. No. 116). The Attorney-General bas directed that the cnse of the United States l\Ir. CULBERSON. I ask "Uiat it may be printed as a ~~intltte ~~st~.:i_w~o~~~:'Ui~;:d ~~p~:;~tr<!l.R~il~l0 b~ s~~fs~a -document. at once. · 3840 CONGRESSIONAL RECORD-SENATE. JUN~ 26, · PETITIONS AND MEMORIALS. A bill (S. 2768) to establish engineering experiment stations Mr. PILES. I present resolutions adopted by the Central at land-grant colleges; to the Committee on Agriculture and Labor Council of Seattle and vicinity, in the State of Washing: Forestry. ton, which I ask may be printed in the RECORD. A bill (S.