Los Angeles herald., 1906-01-14
ROGERS CASE IS
AGAIN PUT OFF
COUNSEL CLAIMS HEARING IS
"N0T DIGNIFlED"
Hadley Replies It Is Not His Fault II
Magnate sowed the Wind and
Roaped the Whirwind
of Disaster
BY Assnclaied press-

BY Associated Press.
NEW YORK, Jan. 13.-The hearing
of argument on the question whether
Henry II. Rogers shall be compelled
TO answer the questions asked by At
torney General Hadlcy of Missouri was
adjourned today until Monday morn
ing after counsel had presented some
of their arguments. Justice Glider
sleeve did not give any decision as to
whether Mr.. Rogers must answer.
william V. Rowe filed the formal
answer of Mr.. Rogers. in which he
asserted that the questions are i'm.
material; that the question of their
advisability is pending in the Missouri
courts: that there is no legal author
ity Tor the hearing which Mr.. Hadley
has been holding in this city, and that
the questions were not for the purpose
of public policy but to gain notoriety
for Mr.. Hadley. 1t included also the
complaint that photogra piers and
artists were given u free hand at the
hearing.
Frank Hagcrman of Kansas city,
representing the three respondent oil
companies said the attempt to discover
the stock ownership of the respondent
companies was immaterial.
Attorney General Hadley brought
the proceedings. he said, under n
statute the legality of which the re-
spondents challenged.
William j. Curtis of counsel for the
defendants said that the atmosphere
of the examination conducted by Mr..
Hadley was not dignified. Mr.. Curtis
asked to enter his professional protest
against what he termed the sensation
alism with which the case had been
conducted.
AS Attorney General Iadley was
about TO begin his address Justice
Gildersleeve asked him to state the
issue in the case clearly and added
that the question of stock ownership
did not seem very material in proving
whether the two companies have
operated in Missouri in restraint of
trade.
Mr.. Hadley described his actions in
this case in Missouri, and said the is
sue is whether the respondents have
entered into a conspiracy for their
own benefit and to the detriment OF
all others in that business.
The question of materiality was not
taken before the court of Missouri.
1t was not raised he said. The attorney
general told the court that the objec-
tiOns to his right to come TO New
York while the supreme court ques-
ton was pending are not well founded.
He came under the sanction and ap-
proval of the highest tribunal of his
state.
Mr.. Rogers, he said, acted in way
to intlame prejudices and passions OF
the common people.
Il am not to blame" said Mr. Had
ley. 'if he saw fit to SOW the wind
and reaped a whirlwind of disaster"
This statement ended Mr.. Hadley's
speech and the crowd of spectators,
filling every seat and most of the
standing space, applauded until JUS
tice Gildersteeve raped loudly for
order. The justice said there was no
doubt as to whether the question of
materially was before the supreme
court of Missouri and that the issue
before him depended on the settling of
this debate. Mr.. Curtis thereupon
asked permission to file on Monday n
copy of the record of the proceedings
before the Missouri court to sub
stantiate the claim of the defense that
this question is before the Missouri
court.
Mr.. Rogers counsel asked that in the
further examination of witnesses be-
fore Commissioner Sanborn no ques-
tionS should be asked bearing upon
the point in doubt until after its set
tlement, and Attorney General Hadey
agreed to this. The hearing was then
adjourned until Monday.