The Birmingham age-herald., 1906-01-14
aSaW Fit to Sow Wind and Reap the WhirIWiRd of
 Disaster
MR. ROGERS' FLIPPANCY IS
 ID BLAME FOR PUBLICITY
Arguments Are Made Before the New York Supreme Court-Taklng of Testimony Before commIs-
 sioner sanborn Resumed.

New York, January 1a-There was an unusual scene In the supreme court of the state of New York today when Attor- ney General Hadley of Missouri, arguing before Justice Gildersleeve on the rule to compel H. H. Rogers of the Standard oil company to answer questions in the Missouri state inquiry into certain oil companies operating there was applaud ed and cheered by the crowd in the court room as he concluded an arraignment of Mir. Rogers for the position he has taken in the inquiry A decision in the matter was deferred until Monday.
 Mir Hadley referred to MT. Rogers com plaint that the proceedings in the oil inquiry were sensational and taken for the purpose of advertising the attorney general.
 Witness Is to Blame.
 If there have been any sensational re- ports of these proceedings" said Attorney General Hadley, ''they have been due to the witness. Rogers; to his hippancy. to his frivolity and the attempt he has made to show contempt for the highest court Of Missouri He complains of a fashlight picture having been taken, and yet it is a significant fact that the only man in the room not astonished was Rogers"
 He said Mr. Rogers had acted in a way to infiame the prejudice and passions of the common people and added:
 T am not to blame if he sew fit to SOW the wind and reap the whirlwind of disaster"
 At the conclusion of the arguments in the case. during which MT. Rogers attor- ney reiterated that the relevancy of the question asked their client is matter pending before the supreme court of the state of Missouri and should not be dealt with here until a decision is rendered by that court, Justice Glldersleeve adjourned the matter until Monday, at which time 1t is expected proofs will be submitted as to the status of the oil inquiry in Mis- sourl. of which the recent New York hearings are part.
 Take More Testimony.
 Attorney General Hadley continued this afternoon the taking of testimony before Commissioner Sanborn, and at the end of the day an adjournment was ordered until January 30. when MT. Hadley I'd the other attorneys interested in tfhe matter will return to New York.
 The testimony taken relates to suits brought by the state of Missouri to oust the Standard Oil company of Indiana, the Waters-Pierce Oil company and the Re- public Oil company on the ground that they are combination in restraint of trade The questions Mir. Rogers refused to answer are those relating to the stock control of the companies in the proceed irgs.
 Three Sides to Case.
 The proceedings were begun when w V. Rowe, personal counsel. said there were three sides to the argument, that of the state of Missouri, MT. Rogers and three respondent companies named above.
 Henry Wollman. Attorney General Had leys New York counsel, told of MT. Rog- CTS refusal to answer the questions put to him.
 Continuing his argument, MT. Wollman insisted that the question concerning the stock ownership of MT. Tiford and H. Clay Pierce was very material and also the question concerning the ownership of stock in the Waters-Perce and the Re- public oil companies and whether it was owned by the Standard Oil interests, both of which MT. Rogers refused to answer.
 Judge Gildersleeve suggested that it was e broad question, and MT. Wollman said 1t was a matter for the lower court to decide. All that the courts in New York can do Is to pass on the materiality of the interrogations. MT. Wollman said the questions are necessary and material and that Mir Rogers should be compelled to answer.
 William V. Rowe then filed the formal answer of MT. Rogers in which he assert ed that the questions are immateral; that the question of their admissibility for the inquiry which Mr. Hadley has been holding in this city and that the questions were not asked for purposes of public policy, but to gain notoriety for MT. Hadley It included also complaints that photographers and artists were given free hand at the hearing.
 Frank Hagerman of Kansas City, repre- senting the three respondent oil compan- ies said the attempt to discover the stock ownership of the respondent companies was immaterial. Attorney General Had ley brought the proceedings, he said un- der legal statute, the legality of which the respondents challenged.
 The master before whom the case was tried in Missouri, MT. Hagerman said, sus- pended all proceedings there until the question whether the stock ownership and control of the companies must be disclosed could be determined.
 Attorney General Hadley then, accord ing to MT. Hagerman, came to New York and under New York statute took testi- mony and asked questions along the same line pending the decision in Missouri.
 'sYour honor may have noticed" he said, ''that out in that country they are rather busy with what are known as trusts
 No Allegation Against Individual.
 MT. Hagerman declared that in the in- formation presented by the attorney gen. eral no allegation has been made against an individual stockholder The issue is, he said, whether the two companies, the Waters-Pierce and the Republic. operate in Missouri in opposition to the law of that state. The assertion as made by MT Hadley that producing company has no right to sell it's oil to the two alleged non-producing corporations.
 Mir Hagerman said he contended thai of 45 questions asked MT. Rogers twenty i've of them have nothing whatever tt do with the business affairs of the two alleged offending corporations.
 Attorney General Hadley said Mir Harerman ignored the supreme court ot Missouri by asking these questions ant 4ne witness had right to refuse, pend lnx the decision of that court It is te hS seen. he said. whether the New Yori