| Show BOARD PLEADS DS GOOD BUSINESS BUSINE S SrN rN IN SHIP SALES Shipping Officials File Answer to Injunction WASHINGTON l April 17 A A defense defense de de- Cense of the action of the shipping board In awarding the five President ships of the Orient California line Ime by sale salo to the Dollar Interests Interest was tiled flied today in the District cf of Columbia Columbia Columbia Co Co- Co- Co lumbia supreme court The answer to injunction proceedings proceedings proceedings pro pro- brought by the tho Pacific Mall Mail Steamship company to halt the sale challenged the tho Jurisdiction of the court and its power to review discretionary discretionary dis dis- acts of the board as de determined determined do- do by majority vote Presented by general counsel forthe Corthe for Cor forthe the board acting as special assistant assistant assist assist- ant attorneys general it asserted the sale was authorized with due consideration of the law of goon good business practices ani and of the Interests Interests in interests In- In of the United Stat Stats s. s FOREIGN INTERESTS FAVORED The answer alleged that at one onetime onetime onetime time ships operated in tho the orient trade hade by the Pacific Mail Mall had been ben disposed of to enterprises controlled controlled con con- trolled by foreign interests Accompanying the answer were a I number of supporting affidavits signed by Chairman OConnor O'Connor and Commissioners Lissner Hill and Haney who constituted the maJority majority maJority ma ma- voting for tor the sale as well as affidavits from business men and organizations on the Pacific coast testifying to the backing of the Dollar Interests I Commissioners Plummer Thompson Thomp Thomp- son and Benson who opposed the sale either to the Dollar interests or orthe orthe orthe the Pacific Mall Mail did no not sign such affidavits and it was indicated that Commissioners Plummer and Thompson would file separate answers answers answers an t SUED COLLECTIVELY It It-is It is the view of ot government c counsel that although the proceedings proceedings proceedings proceed proceed- ings were brought against the shipping shipping shipping ship ship- ping board commissioners they were sued collectively as a board and it was as indicated that that if it any or of the dissenting members 1 should seek to answer answer individually as ns commissioners commissioners commis commis- their status tatus before the court would be challenged Government counsel also contended contend- contend ed that the Pacific Mail Mall which at present operates the ships for the board out of San Franco Francisco to the tho orient has no property right in the the vessels nd Find that the board had not I e Infringed upon the Pacific Malls Mails rights Government cou counsel sel In the answer answer filed Wed today asserted as that In awarding awardIng awarding award- award Ing tho sale Bale the board gave prime consideration tot to the permanency of to bo be maintained and nd the Service added that twi with h all other factors considered the price offered by bythe the Dollar interests was in reality higher than that of or the Pacific Mall the only other bidder |
