Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-10
FOR REFUSING TO ANSWER
Questions by Attorney General Had
ley Of Missouri
AT THE STANDARD OIL INQUIRY
Defense, Through Counsel, Plead for
Time to Prepare an Answer
A sFishing Excursion"

before n commissioner in the quo warranto
proceedings brought by Attorney General
! Herbert 8. Hadley of Missouri to Gust three
| oil companies from that state was put over
| until this afternoon This was done in
| order to allow Mr.. Hadley ae1 his counsel
| and counsel for the Standard Oil Company
| to appear in the supreme court and make
an argument on the order issued by that
court to Fl. II. Rogers. instructing him to
show cause why he shall not answer the
questions asked him by Mr.. Hadley.
The questions were in the main intended
to bring out whether not the Standard
Oil Company of New Jersey owns or con-
trolls a majority of the stock Of the Waters
Pierce Oil Company Of Missouri, the Re-
public Oil Company of New York and the
Standard OIL Company Of Indiana.
Henry Wollman, acting as counsel for
Attorney General Kadley Of Missouri, OBJ
tanned an order yesterday afternoon requr-
ing Mr.. Rogers to appear in the supreme
court this morning and show cause why he
should not be required to answer questions
in the taking of testimony before Commits
sioner Sanborn. The order was issued by
Justice Davy in the New York supreme
court.
Motion to Put Over Granted.
When the order to show cause was taken
up before Justice Gildersleeve in the su-
preme court today William v. Rowe and
Frank Hagerman, counsel for the Standard
OH Company, asked that the hearing on
the question whether Mr.. Rogers shall be
compelled to answer the questions be put
over until Friday morning. Justice Glider
sleeve granted the motion.
The counsel for the Standard OH Com
pany informed the court that they had not
had time to prepare an answer. They also
requested that the hearing before Com
missioner Sanborn should be held in abey-
ance until after argument before the SUI
preme court. Justice Gildersleeve there
fore ordered that all proceedings before
Commissioner Frederick H. Sanborn be
stayed until Friday at pm. or until after
Judge H. 8. Priest OF ST. Louis counsel
In the west for the Standard OIL Company,
arrived here today to take part In the case.
,v a,'ormey aeneIai tiadley was present. but
counsel
Questions Involved Serious.
Lawyer w. v. Rowe representing Mr..
Rogers, said that he has had no opportu-
nifty to confer with his associates since re-
celVing notice of the order to show cause.
The questions involved were serious and
complicated, he said, and he could not pos
sibly prepare an answer or be ready to
argue the case In less than two weeks
He declared that there is no occasion for
haste, as the original case in Missouri can
not be tried for several months; that the
taking of testimony here is only an Incl
dent in the general proceedings, and that
he did not want to prejudice his clients by
hurrying the matter.
Mr.. Wollman In answer said that no
postponement should be granted All that
is sought, he said, is delay, and the ques-
tons involved are simple. He declared that
any lengthy adjournment will break I'D the
present proceedings before Commissioner
Sanborn. The objections, he asserted. are
only captious. He opposed any adjourn
To ,,t,~
duced Attorney General Hadley who while
not member Of the bar here. was accord
ed the privilege of addressing the court.
The Advice of Counsel.
Mr. Hadley said the only privilege Mr..
Rogers claimed in refusing to answer was
the advice of counsel The question is, said
Mr. Hadley, whether a witness can refuse
to answer questions simply by claiming the
privilege that he or his counsel did not
think they should be answered. Mr. Had
ley said there are proceedings pending in
Missouri that will be helpful in determin-
ing the present case.
Mr.. Hadiey asked for as speedy deter
mination possible under the rules of the
court
Frank Hagerman. counsel for the Stand
ard Oil Company, declared that the whole
proceedings were a fishing excursion"
The officials of Missouri, he said, are seek
ing to find out the ownership of the stock
in three companies and the federation, IT
any, between them.
Objected to Witness Judgment.
Mr. Hadley. addressing the court again.
said that all the questions involved had
been admitted in testimony in the state of
Missouri. What he objected to was, he
said, that the witness should set up his own
Judgment on what he should or should not
answer without giving any further reason
for declining to answer.
Defense made another request for delay.
The court always gave the fullest oppor-
tunity to prepare their defense, he said,
and in this instance he asked adequate jul
dicial protection against the officer of a for
eign state.
Justice Gildersleeve said that counsel for
the respondents ought to be familiar with
the facts They entitled to reason
able delay he said. but the question ought
to be disposed of. He then set the argu-
ment for Friday morning. Mr.. Rowe asked
for more time, but this date was fixed.
The adjournment of the hearing before
missioner SanDorn till Friday after
noon was agreed to by counsel.