New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-17
Properties Must Be Proved
Directly Instrumental in
Interstate Trade.
MELLEN LETTER TO
SECRETARY LOEB
Tried to Arrange Conference or
Railroad Matters at
White HDusc.

nave vet won IN tGc CNa'. ms 90
aimed q definite ruling Lar 10 eVl'
qence was admissible 10 regard 20 troll
lev lin. acquisitions by the New Haven
company unless Che government coulo
show in each instance -h:t the ae'
.uired line vas q dire i"strunehtal'
IS i'm iG.crslat" co'nmc.ce.
The fun significance o. - beeaIn,
rparcnt later. when o. developed that
,ho defence iutend.. SOD --" .hc theory
mbodird in this Id. % 10 preftnt the
oycrnment fToU e. '." evident
20 story OF tho r'r I#tes acdNlS'
ION Of the %ca torN. '.-.r1cs or Z"
aston. looked uyor as t.r n.csi IA
taut OF She ws"' "-.f Charged
,,.ainst tho Me.,en regime, a"d the en-,
NON which the government ctoecied
10 focus the attention OF 'te Jury WIN
..nocial effect because o ITS climax
aluc.
TIE BEGINNING OF the Wcstchester
.nutter was shown in the minutes OF
directors meeting held on September
- 1906. The attorneys Tor the de-
'cnec at once raised their objections;
nc greater par: Of the day had been
aiken up by objections and arguments
.vcr the admissibility of evidence
Gea!ing with acquired lines not en-
aged in business across state lines.
Westchcster Line Not Mapped.
They finally allowed the matter to
sand while Mellen was asked the quee-
ion as 70 whether the New York. Bos-
,on e. Westchester went from New
York into Connecticut.
"The proposed New York, Westches-
sr & Boston was an interstate line,
jellen said, with emphasis on mira
"Were there any surveys or maps
"a carry IL beyond the New York state
,ine?' asked Frank N. Swacker, Of gov
rnment counsel.
Il never saw or heard of any, ano
/ do not think there we're any such
maps or plans Mellen replied
The matter was dropped with ms
he defence we'll content TO let 1t stand
in .he record in that form, and the
prosecution saving the fight on II 1or
later time. ,..., :.
In connection with the political in
fuence used by Mellen in working out
his scheme of transportation aggran-
dizement. a letter was offered IN evi-
dence, written by him on January ~
1908. to William Loeb, secretary 10
President Roosevelt. in regard to
meeting of railroad presidents Meilen
was getting up TO consult with Roose-
Welt. He wrote: =.
al have called q meeting of the rail-
road presidents in New York to-mor-
row TO confer regarding the matter |
spoke to the President about--vlz.,
that of having a conference with hlm
Ly which the railroad interests can be-
come more tractable through better
understanding OF his policy regarding
them.
.sThe President was kind enough to
encourage my suggestion that | should
arrange to bring two or three railroad
presidents of standing in the country
TO meet him for the purpose OF con-
ference. and il is for this purpose am
arranging the meeting tomorrow. and
az a result. shall nope that two or three
of the more prominent of the railroad
rresidents-men who are disposed to
take a reasonable view Of existing con-
ditions-can make an appointment with
the President foc the purpose OF con-
ference.
There is hardly any railroad cor
roration in the country to-day but IS
liable to attack under some section Of
the Sherman law, and that is such a
menace that, if il is possible. 1t IS most
desirable that the Presidents great in
huence should be eXerted TO bring
about some amendment OF its provis-
ions that will insure a reasonable de-
gree of safety for the past. even if the
provisions contained therein shall OBJ
tain for the future, and regarding this,
il | understand correctly from the va
rious interviews | had with the Presi-
dent. he is not at all averse on the
contrary, is disposed TO help TO the ex-
tent he can.
81 am going to try and arrange for
Mr.. Newman 70 be one Of the members
of the committee 70 see the President
and above all the matter will be ar
ranged quietly and with no publicity
and certainly with every desire "a
avoid any possible embarrassment e
any one.
at is my firm conviction if q better
understanding can be had with th'
President and Of his policy. as the re.
suit of the meeting | am trying e
bring about. it will 20 long way tow
ard ameliorating conditions in fnan
cal circles and bringing about the sup
port OF the President in those quar-
ters | so earnestly seek. and which
believe is absolutely necessary to the
successful outcome Of his wishes re
garding the coming political campaign
Morgan Mentioned Again.
More than once through the tria
Yesterday stalkLd the great figure 81
J. Pierpont Morgan az the man VIII
the power 10 say yes" or mo" to ap
psrently almost all things to be done
This was shown in connection with IN,
proposed Boston e. Providence line. OF
which Mellen wrote 10 Morgan saying
that il would parallel the New Haven
and he was more or less exercised
about IL.
He said that il was being financed
by kidder. Peabody e. Co, aided by
Mr.. Windsor, with whom we have al
ways had satisfactory relations. and
without whom there is little likelihool
OF the project being successfully car
withdraw the support Of Kidder, Pea
body 4 Co. and Windsor from the
scheme.
Did you 10 10 see Morgan abou.
itT' he was asked.
YES Mellen replied. land he said
have spoken 20 him." He made as i,s
spoke gesture as though to indicate
mat the matter was swept out of ex.
istence with that fact.
Was the Boston a. Providence lin,
ever builtf" Aellen was asked.
not YET, Mellen replied.
Aside from these instances there wa,
little evidence during the day that dia
not bear directly on the acquisition an,
operation Of trolley lines az New
Haven station feeders. In ruling on IN,
objections Of the defence 20 this elias
o evidence. Judge Hunt said:
1T IL such strained argument q
say that these acquisitions, agains
which there was no state Law, we're in
nded 70 bring about control Of in
;@rstate commerce. The New Haven ha'
a perfect right. apparently, 70 acquire
,rollevs in Connecticut under the Laws