The Sentinel=record., 1914-05-14
PRESIDENT MELLEN
 MUST TESTIFY
FORMER HEAD OF NEW HAVEN ROAD WILL BE CALLED TO
 GIVE HIS TESTIMONY.
Other Officials of the Road Have Been Excused From Examination at the Hearing.

Washington May l2.--"The hearing in the New Haven investigation win be resumed tomorrow morning at ten o'clock without any change in our or iginal plan. This decision is concur, red in unanimously by the commis sion"
 This statement, authorized late to- day by Commissioner McChord, clos ed a day of spirited exchangs ana conferences between the department , of justice and the interstate com merce commission concerning the Iplacing on the witness stand Of Charles $ Mellen, former president and several of the directors of the New Haven, in the commissions in vestigation of the financial operations and relations of the New Haven and the Billiard company
 1t is expected that Mir Mellen will 1 be called as a witness tomorrow and | that he may be under examination for several days. While he has testi-
 fled heretofore, both before the com mission in the Prouty investigation of l the New England Railroad situation a Id before the Massachusetts public l utilities commission it is expected Chat Mr. Mellen may throw consider able additional light upon the trans actions now under inquiry. In private ] letters already produced in the pend i ing proceedings, Mr. j. Mel en has said that he was tired of bearing the brunt of criticism ia connection with i the New Haven transactions and in- dicated his desire to place the re- sponsibiIity where it may belong.
 At brief session of the hearing to- lay all witnesses except Mir. Mellen, including directors Lewis Cass Led yard William Rockefeller, George r.. Baker and George MacCulloch Miller, were excused until Monday.
 Late today chief counsel Folk of the commission, received certificates from physicians that Mir. Rockefeller and Mr. Miler were too ill 10 appear at all as witnesses. Mir. Rockefeller is at Jeky Island, Ga The other di- rectors have sisnified their willing ness to appear whenever they may be wanted
 The department of justice, through Attorney General McReynolds, enter ed an emphatic protest to the com mission against the cal ing of Mr. Menea and directors of the New Haven as witnesses in the pending inquiry. The attorney general point ed out that their testimony might ren der them immune from prosecution ol disclosures as might be made would justify criminal proceedings and it might also embarrass the department of justice in it's efforts to effect a dissolution of the New Haven and the Boston and Maine railroads, which Is in process of cousummation
 At a conference between officials of the commission and the attorney general today it was said the latter did not indicate tha the had in view any prosecution of officials of the New Haven.
 lt is understood the conference be- tween Mr. McReynolds and the com mission officials, together with Sena- tor Norris of Nebraska, author of the resolution under which the commis- sion is conducting its investigation, was heated Commissioner McChord and Senator Norris could see no req son for disseminating the inquiry which was being carried on to elicit information on which possible iceisla- ton by congress might be based.
 Later the subject was considered by the commission and it was unani- mously decided, as announced by Com missioner McChord to proceed with the investigation along the orgina.
 lines. The view expressed by the commission is that it is far more im- portant that all of the facts in the New ayen-Bnlard company situa tion should be developed with their probable value in framing legis ation 10 prevent a recurrence of such situation than to make defendants in possible court proceeding of Mir. Mellen and those associated with him in the transactions under inyesttea- finn