The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-11
HADLEY LOSES TEMPER.
Attorney General Won't stand for
Delay in OIL Case.

81 To,iis Inne 1.-THE hearing Of
the Missouri custer proceedings asalnst
the Standard and Waters-Plerce Oh
companies. was resumed here To-Day pc
fore SDecial Commissioner r. A. An
thony Attorney General Hadley ana
two assistants Will participate III the
case and will also represent tnal STAY
In the first test case under the rail-
road maximum freight law, which pro
ceedings were begun today before spec
fal Commissioner ScOfeld. Eighteen
railroads have been cited to appear ana
the state viii select one on Wmcn 10
make a test case.
II. Clay Pierce chairman Of the board
of directors Of the Waters-Pierce on
company. was expected to be the cnleI
witness at the oil hearing. He IS now
in New York and when this fact was
elected from Judge John D. Johnson,
general counsel for the WateTs-Pierce
company. who asked q continuance OF
the hearing on the ground that Judge
H s. Priest, leading counsel, was De
tanned at home by illness. Attorney
General Hadley sharply declared he
would not consent to a continuance ana
threatened to have an attachment IS
sued for the appearance Of Nj Pierce
Attorney General Hadley asserted that
the illness OF Attorney Priest was made
a subterfuge for delay of the hearing.
This hearing has been postponed
three times already, declared Mr.. had
ley. first because of the plea of press
lIl& DuSlnES5 engagement III New 4 vi II
by MI Pierce. second because of the Ill
ness Of Attorney Charles Maggie; third.
because Of the illness of Mr.. Pierce and
now you want a continuance because
nf the illness OF Judge PRIEST When
the hearing was postponed because of
Pierce's illness. he was making a res
evvation on a train for New York I'M
der the name Of Stewart, and only
abandoned the purpose when discovered
by opposing parties.
E-iazr n E4aroafe q dis
regard the obligations of the court the
continuance asked for should not only
not be granted. but the opposing cOun-
sci should have sufficient respect for
the court not to ask it. Pierce's evasion
is a continued progress of representation.
He entertains the arrogant assumption
that the case viii be continued and dis
regards the courts process by remain
ing away think an attachment
should be issued for his appearance.
Attorney Johnson warmly asserted
that the attorney general was endeavor-
Ing to conduct the proceedings to suit
his own convenience and without re-
gard to the convenience of the OppOs-
ing counsel. and referred to Hadleys
recent illness on account OF which the
hearing was postponed two months. He
declared that common justice and
equity demand q continuance on &C
count Of the Illness Of Judge Priest in
aS-much as Judge Priest is the leading
counsel for the defense. Special Com
missioner Anthony then stated that the
court was of the opinion that Mr.
Pierce should be here to testify instead
Of being in New York and that the
cost would be continued from day to
day until Mr.. Pierce arrived from New
York. The court inquired when Mr.
Pierce would arrive from New York
and Attorney Johnson replied that he
would ascertain by telegraph and in
form the court this afternoon at >
q clock Thereupon a recess was taken
until that hour. The attorneys present
representing the oil interests are John
D. Johnson. Of St. Louis. Waters-Pierce
general counsel. Alfred D. Eddy of
Chicago, general western counsel for
the Standard oil company and Frank
Hagerman, of Kansas City, for the
STANDARD and Republic commands.