Arizona republican., 1915-11-23
ROOSEVELT AS
 AN ADVISER IF CHAS. $. MELLEN
As President of the United States, According to Tes- timony, Advised PuI- chase of Road, However, With Reservations
TRepublIcan A. p. Leased wireI


 NEW YORK. Nov 22-Theodore Roosevelt. as president of the United States. again appeared as adviser of Charles s. MeIlen in New Haven af- fairs-the acquisition Of the Bostert and Maine railroad-in testimony ad- duced today at the trial of eleven for mer directors Of the New Haven road under the Sherman antitrust law Mellen represented the former pres ident as having in 1907 advised the purchase of the Boston and Maine with the reservation, however. that If you do wrong you need not come back to me"
 The advice was given after MeIIen had had an interview, at Roosevelts suggestion. with Franklin K Jane chairman of the Interstate Commerce Commission. and explained to him that there was danger of the Boston and Maine falling into the hands Of aliens" if the New Haven did not take it. By aliens. the witness said he meant the Canadian Pacific or Grand Trunk railway of Canada, and that Chairman Lane agreed with him that such an eventuality was danger ous from a military point of view
 
 day went further into the more or less familiar history of the New Ha- ven's troubles in getting permanent control of the Boston and Maine which eliminated in 1909 in the pas sage by the Massachusetts legislature of a law enabling the New Haven le- gally to control the 109. .000 shares of Boston anu Maine stock it had ac- quired.
 The government met a setback. however, when the court ruled that no evidence as to possible corruption of the legislature was admissible. Judge Hunt held that no such means were alleged in the indictment as having been used by the New Haven to gain it's alleged monopoly of New England's transportation traffic.
 The setback came when Attorney Batts inquired of MT. Mellen who the New Haven's legislative agent was in 1908. This was at the time when the New Haven had ben restrained by an act of the Massachusetts legis- iature called the Cole bill from ex- ereising any control over it's Boston and Maine holdings. The government wanted to show that at this time the New Haven. through legislative ac- tiyity was preparing a way. for the enabling bill passed the following year. MT. Mellen was allowed to state the New Haven employed legislative amends and counsel and that Timothy F. Byrnes made reports to them on legislative m tters.s No action affect ing the New Haven was. however. taken in 1908. said Mir. Meilen, aI- though every statesman in Massa- chCsetts had some legislation he wanted passed 10 regulate railroads"
 The famous Billiard deal, whereby it is alleged the New Haven fictitiously transferred its Boston and Maine hodl- ings to John l.. Billiard of Meriden Conn, after the Cole legislative act expired, also was the subject Of tes- timony. but the occasion too. of long argument by counsel. which was un- finished when court adjourned for the day. The defense objected to the admission of the testimony on the ground that Billiard and his concern. the Billiard Company. were merely the vehicles in a transaction that had ab- solutely nothing to do with interstate commerce, and that the shares of Boston and Maine that came into his possession, through his investment. were legitimately sold by him to the Boston Railroad Holding company, the concern through which the legislature permitted the New Haven to own the Boston and Maine.