The morning journal-courier., 1908-08-03

THE NEW HAVEN ROAD DEMURRER

THE NEW HAVEN ROAD DEMURRER
That the result of the action of the
government against the New Haven
road, now pending In the United states
circuit court at Boston, however IL re-
suits. will be of supreme Importance to
the New England section of the coun-
try none can gainsay. The courts de-
cision, as affecting some general prin-
ciples of railroading, will be of inter-
est wherever In this country there are
railroads. There are specific questions
at stake that apply only to New Eng
land and there are countrywide rail-
= road questions as wen and every rail-
road security will be affected by the de-
cision one way or the other.
This paper has expressed itself be-
fore this as being out Of sympathy with
the present action. 1t has pointed out
where II believes the government has
loosely drawn up It's case. It has been
largely along the same lines that the
road has established Its defense. as de-
tailed in Its demurrer just filed in Bos-
ton. The government has claimed that
the New Haven road Is a combination
In restraint Of trade under the inter-
state commerce laws In that 1t has ac-
CURED the Boston & Maine. The New
Haven, In Its turn, logically and Justly
Z denies the governments petition upon
this point by making 1t clear that It's
tracks and those OF the Boston &
Maine are by no means parallel but are
Systems and networks OF railroads
operating in distinct fields" which is
undoubtedly true. Through but very
few localities do both their tracks run
and even there equally or more effec-
tive competition exists by the Boston &
Maine railroad or by water" as the
demurrer points out.
In another part Of It's petition the
government has claimed that the New
Haven raod's consolidation Of trolley
facilities restraints trade. The decision
of the court upon this point may fit
tingly be awaited with special interest
In that this is the first time that the
government has brought an action
based upon trolley holdings. There
may be those (their number has been
y frequently heard from In New Haven
of late) who believe the service offer
ed by the Connecticut company or the
Consolidated Railway company, which
are simply subsidiary units Of the New
Haven road system, has not been all
that It might or should be. Even those
should not harbor. any desire that the
New Haven road shall be forced to re-
1inquish its trolley holdings under the
present action, II they are fair-mind-
ed. It is not abominable service that Is
charged, even provided 1t could be,
proved, but restraint Of trade under
the Interstate commerce laws, and, as
the demurrer asserts, "the electric rail-
ways described are not engaged In, or
adopted for, Interstate commerce, ex-
cept as they transport passengers or
goods to and from connections with
such railroads" According to that
view, which seems reasonable the troll
ley lines may be considered quite as
much supplemental as the Boston &
Maine railroads tracks are to the
original New Haven system and hence
owned by the latter, but unmentioned
by the government, are far more COM
"A petitive by nature.
The present demurrer is ably drawn
up. Without at all acknowledging that
any of the roads new holdings restrain
trade, 1t suggests that the government
: In its petition has taken no account of
the destined advantages to comter-
balance not few objections, If they
really exist that have come with a
unified and cooperative management
and its attendant encouragement of
and increase in, Interstate trade That
is a point at issue not to be over
M looked.
Just as this action Is of supreme inn
portance is 1t to be hoped that de-
cision that Is really decision will be
speedily reached in the matter. In too
many important actions of this kind
are decisions rendered that are unsat-
isfactory to both parties, based upon
mere techncalities, not upon the true
merits OF the case The custom Of
fighting shy of creating q judicial