Prolix

A fortnight since, the Pacific Mail S. S. Co. secured a temporary, and asked for a permanent, injunction against the sale of five "President" ships by the U. S. Shipping Board to Captain "Robbie" Dollar and his son, Stanley. (TIME, Apr. 13).

The Pacific Mail complaint was "in violation of the rules of the court in that the bill is lengthy, prolix, verbose, full of scandalous and impertinent matter, conclusions of law, opinions and other matters repugnant to the rule of the court." So, at least, said Chauncey G. Parker counsel for the U. S. Shipping Board, in his answering brief.

The Pacific Mail's complaint was that the Dollar bid was less advantageous to the U. S. than theirs, that sale to the Dollars is against the country's interest because it would create a monopoly on the Pacific (TIME, Apr. 13). Counsel for the Shipping Board denied all this, demanded dismissal of the injunction suit on two grounds:

1) The Pacific Mail has no equity in the proceedings. [A person cannot go to law in a matter which does not concern him.]

2) The court lacks jurisdiction to review a discretionary act of the Shipping Board.

An uninstructed jury would probably not agree with the first point--the five ships are the only ships which carry the Pacific Mail ensign across the ocean. But the second point was sufficient. Last week, the suit was dismissed. The sale would go through unless the Pacific Mail should appeal to the Supreme Court.

The three members* of the Shipping Board who voted against the sale came to Court to fight it.

The fight caused tremors to the extremity of the ships' course. From Manila, the Philippines, came a cablegram addressed to the War Department, signed by Governor General Leonard Wood, in which he protested against the sale. "Monopoly," he, too, cried.

The fight also disturbed the peace of the national executive mansion, but for a different reason. The President wrote a letter to T. V. O'Connor, Chairman of the Shipping Board, who had voted for the Dollar sale. The letter asked officially for the names of members of the Shipping Board who had opposed the sale and for their reasons. It seemed that the President disliked the idea of Government servants going into court in support of a private concern against a Government decision. He was about to apply the axe, said some.

*Vice Chairman Plummer and Commissioner Thompson submitted affidavits; Rear Admiral Benson set forth his objections to the sale by word of mouth.