The morning journal-courier., 1908-08-01
FILES A DEMURRER
CONTINUED from First Page. /,


the demurrer where the New Haven
appears as formerly the Consolidated
Railway company This part has es-
pecially to do with the alleged con-
solidation OF electric railways. This
demurrer says that the electric rail-
ways described In the governments
petition. when operating as networks
Of inter- communication In the streets
and highways OF cities and villages
and the suburbs thereof are engaged
in kind of business substantially diff
ferent from that interstate steam
railroads, and that most. at any rate
Of the electric railways described are
not engaged In or adapted for inter-
state commerce except as auxiliafies
of interstate railroad systems and
except as they transport passengers
or goods to and from connections With
such railroads, and that the owner
ship or control by the New Haven
road of most or all Of such electric
railways will enable II to encourage,
promote and increase trade In general,
including interstate trade. by making
such service more efficient than II
would be with divided ownership OF
the steam roads and electric rail.
ways"
The uncertainty alleged with refer.
ence to the petition Is said to appear
In this connection, as In the case OF
the steam railroads, in that the de-
PENDANT is charged with combination
In restraint OF trade, while IL hoes
not appear. "on the other hanl,
whether the petitioner intends to al
lege that the restraint OF trade des-
cribed exceeds in extent or amount,
upon weighing all the effects thereof,
the advantages to the community re-
sulting from the ownership or con-
troll described or even the direct en-
enlargement and promotion of inter-
state trade so caused or to be caused"
Pursuing this point, the defendant.
In this part Of the demurrer says that
1t appears from the allegations OF the
government petition that some Of the
electric railways referred to have been
constructed by the defendant. though
what electric railways have been so
constructed 1t Is alleged are not stat
ed and II is asserted that the defend
ant cannot discover whether the pc
titioner intends to charge that the
alleged restraint OF trade is Of the
nature OF a suppression Of compet-
ton by others with the defendant, or
that the ownership and control OF
electric railways capable of compel
ing with the defendants steam rail-
roads is In itself a violation Of the
interstate commerce act.
The sections Of the petition re-
ferring to the Providence Securities
pampany are the subject of genera
demurrer similar to that offered by
the New Haven company to other dec
laratlons Of the petition.
Aside from the principal represen.
tatlons of the demurrer, the genera
claim Is offered that the government.
petition does not make out case such
as should entltle the petitioner to the
relief prayed for against the defend
ant. The petition also Is referred t.
as "multiferious, and as embracinl
matters which have no relation tc
each other and which cannot be prop
4 elIy tIIlDTdCeu III one suit, anu III
claimed that 1t does not contain {
. complete, frank direct or positive
statement of material facts"
"Repugnant and inconsistent" anc
containing material allegations which
contradict one another" are also dec
arations made with reference to tn,
petition, and all that part Of 1t which
relates In any way ito the Boston ant
Maine railroad or TO any connection
with the defendant Herewith, 81!
specified as subject of demurrer
The demurrer was filed by Henri.
w. Beals of this city acting, 1t Is I'm
derstood, In connection with regula
counsel for the New Haven road.
It Is understood that an answer t.
the governments petition will be filet
by the Boston and Maine railroa,
within few days. The Boston an,
Maine road was mentioned as a de
PENDANT in the governments petition