The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-07-15
CAN'T REACH
NEW HAVEN
DIRECTORS

Washington, July IS. - Final de-
termination of the question of whether
criminal indictment shall be sought by
tn" department of justice against
| cir, ctOrs of the New Haven railroad
probably will not be reached untll the
conclusion of the negotiations for a
Peaceful dissolution of mat system.
The fate of these negotiations is SAID
10 depend largely upon the action Of
he \tW Haven NreId at a meeting
scheduled for New York THURSDAY.
The department cannot each the
New Haven directors for any
Of the financial transactions which
brought down upon their heads the
condemnation of the interstate COM
mere commission. 1t can act only
through the antitrust act, which has
"a section making it a criminal offense
10 enter into a conspiracy in restraint
Of trade. Past experience with this
portion Of the act has not encouraged
law officials of the government to
indictments for directors or other Off
Gals Of alleged combinations which it
sought to dissolve. Jurors nave been
luath to render VerdiCtS Of guilty and
JUDGES have not been disposed to i'm
pose prison sentences. However, the
Widespread publicity given to the New
nav II case anu Tic ullQudlllleu dS-
SertiOn of the interstate commerce
commission that the directors of the
New Haven knew that they were ac-
quiring and combining competing
properties may put a different aspect
on this case.
The commissions statements are not
evidence, but its conclusions may raise
the question Of how this information
will appeal to the grand jury. 1t has
been known for months that the de-
pd!tment of justice Is in possession Of
a vast amount Of information CON
&c! ming the New Haven. much of
which is in accord will the information
obtained by the commission, but some
of which is said to contradict testi-
mony given by prominent witnesses
before the commissions New Haven
investigation.
This contradictory evidence, offered
to the commission at the time of the
investigation, was not accepted, but if
communications are sought it might
be laid before a grand jury for the
purpose of settling the question of
whether immunity has been given wit
nesses who helped the commission. If
a contradiction is shown clearly some
officials believe that immunity might
not be granted.
II was IbCdII6u here llldt DIT the IlIln
the commission proposed to subpoena
Charles S. MeIIen and other directors
of the New Haven. Attorney General
MCReynOlds made public a letter to
the commission in which he discussed
the effect Of their appearance upon
any criminal prosecution which the
government may desire hereafter to
institute. Mr.. McReynolds said he had
noticed that the commission intended
to summon Charles S. Mellen. William
Rockefeller, George McCulloch, Miller,
Charles F. Brocker, Edwin Miner,
Lewis Cass Ledyard, George F. Baker
and Edward D.. Robbins.
Before this letter was made public
the attorney general was in conference
with Senators Kern and Norris, and
Commissioner McChOrd, Chief of
Counsel Folk of the interstate COM
MERGE commission INC refused 90 say
whether he contemplated criminal
prosecution Of these men or other New
Haven directors. 1t is understood that
he did not care to take the slightest
chance of having his plan made public.
1t has been we'll understood in ad-
ministration circles that the depart
ment is anxious to get the icvil dissoIu-
ton of the New Haven out of the way
before it takes up any other phase Of
the case. According to the department
theory of the matter, the New Haven
grip or the transportation of New
England is absolute and it is more i'm
perauiVe that it be broker than hat a
few Indictments be asked for, which
could not in any way restore compe-
titiOn to that section.
In the negotiations with New Haven
officials and lawyers for a peaceful
dissolution it has been thoroughly un-
derstood that the question of criminal
indictments was not involved and the
way is open for the department to
proceed if it is deemed wise and 1t is
believed there is evidence to obtain
n0nNintlOnS