Daily Kennebec journal., 1908-11-18
Demurrer Sustained in
New Haven R.R. Case.
Judge Holds Bill Of Information
Is Not Specific Enough.
constltutionallty of Act Of Congress
Is Argued.

Boston, Nov 17.-Judge Loring in
the equity session of the Massachusetts
supreme judicial court for Suffolk
county today sustained the demurrer
of \. Y, ~ H. & II. Il. r., to the
bill Of Information brought out by At
torncy General Malone of Massachu-
setts to prevent the New Haven Rail-
road from holding stock OF the Bos-
ton IL Maine Railroad. Judge Lorlng
holds that the bill Of information is
not specific enough in that it does not
state who holds the Boston & Maine
stock or how it was obtained, which
was one of the grounds for demurrer
by the New Haven The attorney
general is given two weeks IN winch
to amend the original bill.
The hill Of information was brought
he the attorney general in May on the
grounds that the New Haven had ac-
ouirel the Boston x Maine stock IL
legally ana was holding it on violation
of tIl,. state law Il had nothing what
ever 10 do with the government suit
which was brought about the same
time or the decision of the MaSSachu
setts supreme judicial court that the
trolley holdings by the New Haven
were Illegal.
About a month after the bill was
filed the New Haven company filed
demurrer made up of nearly a dozen
allegations why the bill should be dis
missed. The principal grounds We're
because of alleged lack of jurisdiction
by the Massachusetts court and also
that the bill did not state who was
alleged 10 hold the stock and how it
was pbt bt,.ned,
There was an extensive hearing on
the demurrer before Judge Lowell in
the equity session today, the judge
rendered his decision. 1t is expected
tnat the attorney general will imme-
diateiy amend the bill.
Boston, Nov 1.-THE constitutional
ity of the act of Congress which per
mitS the attorney general to order the
advancement of a case brought under
the so-caled Sherman antitrust law
to be heard by three judges instead of
one, was questioned today i'll the init
ed States court, with three judges sit
ting, by counsel for the New York,
New Haven & Hartford Railroad in
opposing such q procedure in the trial
of the now famous merger case i'll
which the government IS attempting to
settle the legality of the ownership
last spring by the New Haven Road
of 10000 shares of the stock of the
Boston 4 Maine Railroad. Counsel for
the New Haven Road, Col. j. II. Bell
ton, presented long brief which he
supple mcnted with an extensive argu-
mcnt to the effect that the advance
Nf nd fJ,, hrit \, q
OF them before three judges of the
United States circuit court was dis
elimination and unconstitutional in
that it gave the government a privilege
which was not enjoyed by plaintiffs in
other suits.
District Attorney French presented
the governments brief in the hearing
today and made the principal argument
in support of the motion for the ad-
vancement of the case. He was assist
ed by Wade II. Ellis, the assistant to
the attorney general. who spoke about
10 minutes. the greater part of which
was taken up in a colloquy with Judge
Putnam over the question of what the
rights OF the losing side would be in
case a majority of the Judges decided
in favor of the other Mr.. Ellis con-
tended that II did not matter whether
two or three judges sat I'm the case. In
any event, no matter if the case were
decided against the government. it
would go to the supreme court upon
certtiCation
The hearing lasted about two hours.
Mr.. Benton in his argument held that
three judges did not constitute cir
cult court of the United States as con-
tempated by the law of the country.
He said that to give the attorney gen.
eral the power to select certain cases
to he heard by three judges was dis
elimination and therefore unconstitu-
tional, in that it did not permit other
parties such privileges.
In reply District Attorney French
quoted profusely from decisions of the
supreme court. notably in the Stand
ard Oil, Union Pacific and the Tobac-
co cases. iii all of which he said parties