New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-11
Federal Grand Jury May Inqulre
Into General Subject OF
Traffic Monopoly
by Road.
GRAND TRUNK HEAD HERE
ASKED. if Work on Extension'
Will Be Resumed, Replies
"Of Course" NO Agree
ment, He Says-Wise
Wont Call Mellen.

On Odu Mcllcu.
A broadening Of the federal grand
jury inquiry, thus far devoted to this
agreement between the New Haven
and the Grand Trunk railroads. into
an investigation that will embrace all
the phases Of the traffic monopoly al
legged to be welded in New England By
the New York. New Haven & Hartford
Railrod Company was disclosed yester-
day through official sources.
The trend Of the examination of wit
nesses before the grand jury also indi-
Gated that the government was seeking
to obtain evidence of transaction.
which, while bearing the character Of
an attempt 10 monopolize traffic in the
New England States. had no direct re-
lation TO the 25-year agreement be-
tween the New Haven and the Grand
Trunk The necessity to delve into
this tremendous mass Of complicated
transactions made it necessary to call
second federal grand jury, which Will
take upon itself all the routine busi-
ness of the district, while the first
grand jury will give its entire time TO
the inquiry into the New England
traffic situation.
The offer Of Charles S. Mellen, prcsl-
dent OF the New Haven, to appear
before the grand jury under a waiver
Of immunity, has not been disposed OF
as yet by Henry A. Wise United States
Attorney, to whom the matter was re-
ferred by Attorney General Wicker
sham.
Wise Won't Call Mel
In statement made yesterday. Nr
Wise made it plain that he would not
, subpoena Mr. Melen under any cir
cumstancos. Combined with the prose
cutor's former utteranccs. it appeared
equally plain that he would not PERM.
the examination of any official or d.
rector Of the road, IL any such perscu
might be regarded by him as suscept-
ible 10 Indictment. He intimated that
any director could be held liable for "a
violation of the Sherman act il his
active association with the illegal
transaction of the corporation could
be shown. Among the directors of thu
New Haven are ]. Pierpont Morgan
and William Rockefeller.
Mr.. Wise refused TO discuss tn,
scope of the investigation. but made
the following statement concerning the
offer made by Mr.. Mellen:
Mr.. Mellen has apparently given TO the
newspapers a letter which he addressed
10 me. assuming that an investigation
is being conducted before the grand jury.
About the matter referred to I'm this
letter, | am asked whether l would call
Mr.. Mellen as a witness.
My answer TO this inquiry is that N
an offence has been committed accord
ing To Mr.. Melen's letter il must have
been committed by him. Assuming that
the inquiry is rs 10 an alleged violation
of the so-called Sherman law, and that
any witness called to testify as TO such
violation would obtain immunity, 1t Is
plain that any prosecuting attorney who
would call such a witness under such
crook. / do not purpose 10 put myself
in either category.
on the other hand, II the grand jury
should accede TO Mr.. Mellen's request
am of the opinion that II he should ap-
pear before the grand jury voluntarily
and not i'm obedience TO subpoena he
would obtain no immunity.
Every citizen is guaranteed by the Con-
stitution against pcing compelled 10 be a
be waived. The immunity statute Is a
substitute or an equivalent for the con-
stitutional right. In my opinion, as the
right may be waived, so may the equiva-
lent.
In regard 10 the possible scope OF
inquiry Mr.. Wise only pointed to Sec
ton . Of the Sherman law, which has
conferred upon the government the
broadest powers TO prosecute any at
tempt TO monopolize any part OF inter-
state commerce.
A further indication OF the larger
in the fact that eight witnesses have
been examined in the course OF week
whose names have been kept secret
by government officials. Jesse c. Ad-
kins. Assistant Attorney General IN
charge OF the investigation, admitts4
this number Of witnesses had been ex~
amined in addition TO those whose
names appeared in print, but he would
not disclose their names.
Until late yesterday Mr. Adkins and
II. A. Cutler, Assistant United Starey
Attorney conferred with investigators
OF the Interstate Commerce Comms-
sion on documentary evidence and in
formation which the commission has
obtained in the course Of an examina-
tion OF the New Haven Railroads books
ordered by il.
Railroad Officials Examined.
Three officials Of the New Haven
road were examined yesterday before
the grand jury. They were Timothy
F. Byrnes, OF Boston, e-president
and representative OF William Rocke-
feller; |. de Yer Warner. OF Bridgeport.
Conn.,, a director, and Arthur E. Clark.
Of New Haven. secretary OF the COM
pany The only official Of the Grand
Trunk Railway called was J. f. Dal-
rymple, vice-president Of the company
E. J. Chamberlin. president of the
Grand Trunk. who Is staying at the
Waldorf, when asked yesterday II he
expected to testify before the federal
grand jury. said