The Barre daily times. (Barre, Vt.) 1897-1959, 1915-10-23
Whereby the New England
Transportation Lines Fixed
the Rates in 1881
GOVERNMENT SCORES
IMPORTANT POINT
This Document, Was Known
to Exist but Never
Was introduced

New York, Oct. 23.-Counsel for the
defence in the trial of the eleven New
York, New Haven 4 Hartford railroad
directors lost another point yesterday
when Judge Hunt, presiding at the trial,
ruled that the government might put
into evidence an agreement made by the
New England rail and steamship lines
in 1881, fixing rates and providing pen
altes for its infraction. The agreement
had never before been made public,
though it was brought out that it had
been for years in the files OF the inter-
state commerce commission. The attor-
neys for the defendants argued that the
agreement was entered into prior to the
enactment of the Sherman law in 1890,
and was not relevant to this case. The
government contended that it was con-
tinued in force after that date, and, upon
its admission, put in evidence through
Charles S. Mellen that the directors had
taken official cognizanee of it at meet
ing held in 1891.
There was UP for their consideration
at this meeting notification made by
the New York & New England railroad
to the Sound Lines association of an in
tention to operate new connection with
New York by water from Wilson Point,
Conn, and the directors voted, accord
ing to minutes identified by Mr.. Mellen,
to withdraw its joint traffic arrangement
with the New England if that road es-
tablished the line. William Rockefeller,
one of the defendants, was recorded pres
ent at the meeting. The others who were
directors at the time are dead.
The sound lines agreement, some of
the signatures to which Mr.. Mellen iden-
titled, provided fine of $4,000 for each
violation of the agreement by an mem.
Der of the association, and the discharge
of the employees concerned in the vio-
lation, Charles Francis Adams, president
of one of the steamship lines, to act as
Judge. 1t also provided for an in
crease of rates as soon as 1t went into
effect Mr.. Mellen spent practically the
whole forenoon identifying minutes Of
the directors meetings, which disclosed
the official steps taken to acquire rail.
road and steamship lines.
Mr.. Swacker, of government counsel,
first showed the witness a copy of the
so-called Corsair agreement which di-
vided the transportation traffic of New
England between the New Haven and
the Boston & Maine, ON the Boston Il
Albany line.
Mr.. Mellen explained that this was not
the real Corsair agreement, which was
made on Mr.. Morgan's yacht "The real
Corsair agreement" he said, covered a
division of traffic between the New Ha-
ven and the New York Central az the
Boston & Albany junction lat Spring
field, Mass But | have always re-
ferred TO this agreement here as the
Corsair II was made at Mr.. .Morgan's
house." The witness then identified the
signatures Of Mr.. Morgan and other d.
rectors who signed the agreement.
Sound Lines Agreement.
The federal attorney then handed
the witness the so-called Sound lines
agreement dated 1851, signed by the
presidents Of the existing New England
steamship lines and their connecting
New England railroad lines 70 fix rates.
Mr.. Mellen was able TO identify several
Of the signatures attached 20 the docu-
ment. but not all. Its admission was
objected TO by r. v. Lindabury OF the
defence on the ground that il was not
relevant 20 the present alleged conspir-
acy. and was made before the enact
ment OF the sherman law. The govern