Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-10-18
NEW HAVEN MEMS
TRIAL BEGUN DESPITE
COUNSEL s PROTEST
Judge Hunt Temporarily Ig-
nores Motion to Quash In
dictment Charging Vio-
lation of Sherman Act
BAIT ATTACKS MONOPOLY

NEW YORK, oct. 1s.-Judge Hunt, in
the United States Court. today tenn
porarily granted the motion of counsel
for William Rockefeller and ten other di-
rectors and former directors OF the New
Haven Railroad to quash the indictment
against them, charging conspiracy I'm vio-
lation OF the Sherman act, and the trial
began with an address by the Govern
ment prosecutor, r. l.. Bats, former
law partner OF Attorney General Gregory.
THE Government is not against the
combination of railroads, steamship lines
or other industries IL the combinations
are formed according to law" was his
opening shot. The charge against the
defendants, i'm concrete form, Is the mo-
nopolizing OF New England's transporta-
tlon business.
Mr.. Bats hammered home to the jury
the statement that the Sherman law is
not a barrier against big business" sim
ply because of its size
He emphasized that the Government
does not desire to prevent the natural de-
velopment of trade and commerce. but
only to safeguard the people against
business expansion that is illegally orig
mated, that is conducted in defiance Of
the law and that benefits only a few
AGAINST MONOPOLY.
"The Government does not suggest, or
insist that the many railroads that now
constitute the present New Haven system
should be changed back into their orig
inal FORM" said the prosecutor. But II Is
the purpose of the Government to push
TO a conclusion the issue whether or not
a. gigantic corporation, with untold power
and influence, can rule the entire land and
water transportation lines of a certain
section of the country"
Mr.. Bats nOinted out In preat detail
how the New Haven controlled 100 miles
of railroad in New England in comparl-
son to 526 1t operated in 1890. This in
cludes both steam and trolley lines, but
not the steamship lines. He said the New
Haven controlled more than 100 such
concerns and dominated and formed the
policy Of these lines. He asserted thht
the New Haven rules the entire transpo~-
tation lines of Connecticut, Massachu-
setts, Rhode Island, Vermont. New
Hampshire and parts of Maine. beside
controlling every important water route
that touched a New England port. Bats
opening statement may take up two days
session of the trial.
PLEA OF DEFENDANTS.
The motion to quash the indictment,
temporarily ignored by the court, had set
forth these contentious:
That the indictment alleges no crime
against lne laws OF Jne united states,
that the combinations alleged could not
have resulted in illegal conspiracy; that
the defendants, at any time within three
years prior to the indictment did not con-
spire to use any of the methods mem
toned; that the indictment does not
specify the times when any of the alleged
acts were committed; that the alleged
combinations were not made for the pur-
pose of monopolizing any part of the COM
merce between the several States of the
United States within the meaning OF the
statute upon which the indictment is
framed; that the combinations alleged
did not deprive the people of any State Of
any benefits; that 1t does not appear that
the acts alleged, If successfully carried
out, could have resulted in a monopoly
within the meaning of the statute; that
1t does not appear that the defendants
had any intention of interfering with in
terstate commerce or competition in In
terstate commerce.