Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-11-12
Roosevelt
Mentioned
Brought into New
Haven Testimony. for
Connection with Re-
lection of Morse Prop
Osition-Mellen Ayers
Roosevelt Acted "from
Highest Dictates of
Public Duty"

HlgneSC Dictates OF
Public Duty"
New York Nov. 11.-For.ner Prcsi-
dent Roosevelt was brought into the
testimony today at the trial OF the II
former New York, New Haven & Hart
ford directors. charged with violating
the Sherman law as having given as
surance to Charles S. Melleu that thc
New Haven Iced have no fear o. feI-
eral action during EooscNelt's admins
tration if 1t rejected proposition to
dispose of its steamship properties %
Charles w Morse
MeiFen's Recommendation
The testimony. which was given by
Mr. Mellen. was A}iauced by the Gov
eminent TO show that Mr.. MeIlen never
theless recommended the sale OF the
properties and that the New Haven CT
rectors, in pursuance of their alleged
purpose to maintain a monopoly of the
transportation traffic Of New England
declined TO consider their president S
recommendation.
While it was a twice-told tale as
MI. Meilen gave similar testimony al
the Interstate Commerce Commission
inquiry into New Haven affairs, Ny.
that Mr.. Roosevelt felt that it would
be inimical to public interest for Morse
to consummate his purpose Of getting
control Of the Atlantic Coastwise
steamship lines through acquisition Of
the New Haven properties and that
Commissioners Knapp and Prouty and
Herbert Knox Smith, commissioner OF
corporations held the same opinion.
The government, however, placed en-
phasis on that portion of the witness
testimony in which he quoted Col.
Roosevelt as saying:
Il am no lawyer and l can promise
YOU no immunity if you violate the
law"
Morse's Offer
Morse in January. 1907. according to
Mellen, had offered to buy the New
Haven steamship lines for 100000 0O
which would have been a profit of s14,-
600 COO on their cost. Mellen thought
the New Haven ought to take advant-
age Of the opportunity. inasmuch as
the question was being agitated in
Congress C requiring railroad lines to
divorce themselves from ownership Of
steamship lines. He said he went to
Wasnington and explained the situa-
ton 10 the President in the presence
Of Mess-s. Knapp. Prouty and Smith.
u was fearful" he added, that if
this legislation should be passed, il
might come at time when there
would be no purchaser for the proper
ties and we would have them on our
hands. ! wanted to protect myself.
The President after declining to prom
Use immunity said. according to Mel
len: But if you don't sell. yourl have
no trouble during my administration"
y didn't see them and l don't see
now" continued MIR. Mellen, that he
public duty. He said that Morse's
proposition was in the highest way
prejudicial TO public interest if he
should get a monopoly Of the whole
coastvise trade as he was aiming To
do. He said he was fearful Of the sue
cess OF the Morse combination and
Herbert Knox Smith was especially
so
And Messrs. Knapp and Prouty
agreed with him." interposed r. V.
Lindabury Of the defense.
They did said the witness, adding
that. in his opinion, the assurance Civ
en- by the President was one reason
why the New Haven Steamship Lines
were not included in the bill in equity
brought against the New Haven in
1909 The government maintains.
however. that the assurance given by
Roosevelt was meant to apply solely
TO the proposed legislation and not to
acts Of the New Haven amenable to
the Sherman law.
May I ask interrupted Delaney
Nicholl of the defense. that when
the government again comes to amend
the bill Of particulars they make Theo-
dore Roosevelt a co-conspirator
Again Hostile Witness
MIR, Mellen again today proved a
hostile witness in the opinion of gov
eminent counsel. Attorney Bats com
planned that he was unable to elicit
satisfactory testimony from the wit
ness, except in instances where proofs
could be obtained through other
sources. The case in point had to do
with the Joy Steamship Co, which the
government charges was secretly op-
Grated by the New Haven for the pur-
pose Of driving the Enterprise Line out
of business.
Mr.. Mellen denied that a semblance
Of competition was kept up between
the Joy line and the New Haven after
its acquisition, but he admitted that
the United States Transportation Co,
another New Haven concern was used
to meet the Enterprise Lines COMPETE
ton. An attempt by the government to
show that the United States Co. was
also secretly controlled. was hamper
ed by Mr.. Mellen's failure of memory