Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-08-01

i'o|toii, July ucHiuiItT dS
sweeping as legal phraseology could
make it and offering objection both to
the form and substance of the petition,
was the answer filed today in the
United States circuit court here, by
the New York. New Haven & Hart
ford Railroad Co, as defendant in the
action brought against it by the Unit
ed States government. AS filed. the de-
murrer is in three parts, in the first
of which the New York, New Haven
& Hartford Railroad Co. appears a
corporation, in three states. In the
second part the New Haven Roard de-
nllrrs as having formerly been the
Consolidated Railroad Co, Connec-
ticut corporation. The third part en-
braces the demurrer Of the Providence
Securities Co. The document concludes
with 4 petition that the defendant be
given judgment of the court whether it
shall be compelled to make any fur
thar answer to the petition and prays
that it be dismissed with its costs
and charges i'll this behalf most
wrnngfully sustained"
This main contention appears first
in the demurrer of the New Haven as
a tri-state corporation. In another
form it is presented in that part of the
demurrer where the New Haven APP
pears as formerly the Consolidated
Railway Co. This part has especially
to do with the alleged consolidation of
electric railways. The demurrer says
that the electric railways described in
the governments petition when oper-
ating as net works of inter-communl
ton in the streets and the highways
of cities and villages and the suburbs
thereof, are engaged in kind of bus
mess substantially different from that
OF interstate steam railroads ana thal
most, at any rate, of the electric rail-
ways described are not engaged III or
adapted for interstate commerce, eX-
cept as auXiliaries of interstate rail-
road systems and except as they
transport passengers or goods to and
from connections with such railroads
and ownership or control by the New
Haven Roard of most or all of such
electric railways will enable 1t to en-
courage, promote and assist in general
including interest trade by making
such service more efficient than II
would be with divided ownership OF
the steam roads and electric railways.
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 defend
ant is charged with a combination in
restraint of trade while it does not APP
appear. "On the other hand, whether
;,,tn IN a
the restraint of trade described ex-
cceds in extent or amount. upon weigh
ing all the effects thereof, the advan-
tages to the community resulting from
the ownership or control described, or
even the direct encouragement and
promotion of interstate 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
governments petition that some of the
electric railways referred to have been
constructed by the defendant, though
what electric railways have been SO
constructed, it is alleged, are not stat
ed, and it is asserted that the defendant
cannot discover whether the petition
er lilttlluS " C1lhISt tildt tic diiS Sou
restraint of trade is of the nature OF
suppression of competition by others
with the defendant or that the owner
ship and control of electric railways
capable of competing with the defend
ants steam railroads is in itself a vi
olation Of the interstate commerce act.
The sections of the petition referring
to the Providence Securities Co, are
the subject of a general demurrer SIM
liar to that offered by the New Haven
Co. to other declarations of the petit
ton.
Aside from the principal representa-
tions of the demurrer the general
claim is offered that the government 8
petition does not make out a case such
as should entitle the petitioner to the
relief prayed for against the defend
ants. The petition also is referred to
as "multifarious'' and as embracing
matters (which have no relation to
eachother and which cannot be proper
Nv embraced in the suit" and 1t is
claimed "that it does not continue,
contemplate. frank or positive state
ment of material facts"
.'Rapugnant and inconsistent" and
continuing material allegations which
contradict one another" are also dec
larations made with reference to the