The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-19
The Governments Theory.

Mr.. Bats said at the outset that the
chargc against the defendants WAS Of
creating and maintaining a conspiracy
10 ~monopolizc ~unlawfully all ~transporta-
t,on-sttam railway, steamboat and
trolley-in New England that the Gov
rnmen was not undertaking. To punish
defendants for making prope c"mb!na-
lions OF railroads that the sherman act
as written and AS Administered as much
encouraged proper combinations Of bust
ness enterprises. including railroads, as
Il discouraged and punished Coublna
tions intended to or having the effect of
monopolization.
one OF the criminal ends accomplished
by the conspiracy, he said, was bringing
all of the many transportation companies
under one influence. SO that they could
not make those proper combinations
which would have been made In the
natural development of business Or
which resulted in the destruction OF
those proper combinations which had all
ready been made in the natural develop
ment of business. Tie ten or twelve
systems in being at the beginning of the
effort at monopolization were them
selves mostly the results of combination
combinations which had naturally and
properly grown up In response to bust
ness needs. and which furnished efficient
and competitive means for the trans
%pcrtation service OF New England.
The effort to monopolize which fol-
lowed brought about Al abnormal cundi-
ton. disastrous in its formation 10 many
OF the absorbed companies and their
stockh olders and disastrous finally to tho
stockholders OF the company used by the
defendants as the principal means for
accomplishing their mouopOllstlc designs.
4 Question of Intent.
The charge, said Mr.. Bats, was con-
.piracy to accomplish certain monopolis-
tic results. These results were In large
measure accomplished. but guilt uud
this charge was determined more by
what was intended han by what was
accomplished. In determining intent
however. the results could be considered
for primarily every person is supposed
70 have intended hat which he has done
In 1890 the New Haven railroad OPP
Grated about 529 miles OF railroad, III
continued. It had no trolleys and NJ
steamboats,. II was in actual competi
tion with lines of steamboats, to all i'm
portant New England ports and will
ten or eleven steam railways for the
largest part Of the New England inter
state transportation business. At th'
time the Grand Jury OF this district be
gan Its investigation last year II wa
operating or had an interest in th'
operation of all but one or the New Eng
land railroads and had control or Amos
control OF all other important lines, Tn
total mileage under its domination or in
Huence was about 1900 miles.
1t had also by ownership or stock con
troll or bono ownership or control o
wharves or by control of railroad connec
tions dominating Influence over much tn
largest part Of all steamboat lines to an
from New England ports, 1t had ais
substantially all the trolley lines o
Rhode Island, II large part of the trolle
lines of Connecticut and heavy interes
I'm the trolley lines of Massachusetts. ]
also had holdings rendering it exceed
ingly powerful IN directing trolley dc
xslopment IN the state OF New York.
The intent Of the defendants was no
90 be measured alone by results, said tn
prosecutor, but AS well by the mean
used in bringing about these results,
"In stating the evidence as ! no'
shall" said Mr.. Bats, "corta'n detail
viii le given whlcN would Not he other
wise important 10 ihliclto t;at the 4,
fcndiuts had a guilty conscience Of IN
purpose and effect of their acts--for tn
S~efcuAauts are not indicted because the
HSere directors of the New Haven, bu