The daily morning journal and courier., 1907-11-14
NO DECISION IN |HARRIMAN MATTER i1dge Hough Reserves An nouncement of His Opin-
 ion Until December First.
LORE THAN SEVEN
 HOURS OF ARGUMENT
Fivileges and Powers of the
 Interstate Commerce Com mission Well Gone Into.

sNew York, Nov. 13-After seven burs and half of argument on both Hles of the question, Judge Hough, the United States circuit court, an- bunced tonight that he would not \ ready to render a decision on the ktition of the interstate commerce l mmission to compel E. H. Hartman answer certain questions propound- N to him last spring in the course of e commissions investigation into the called Hartman lines, until Dec. 1. a le opposing counsel were given the aivileges of filing additional briefs Bring the next two weeks.
 rhe arguments, which were not con- lded until 6:8O p. m., took a wide nge and the privileges and powers the interstate commerce commission HPre thoroughly gone into. Former ssnator John c. spooner of wisconsin Sbpeared for the first time in the case d argued in defense of the position hintained by MT. Hartman, that he not required to tell the commission & lat individual profit he made in sell g the stocks of other railroads held
 him to the Union Pacific, company to detail the manner in which the nlous 10 per cent. Union Pacific divi- nd was declared in August, 1906, and
 announcement deferred for two ys. MT. Hartman also declined to " how much stock of the Union Rcific, if any, he bought just prior to announcement of the dividend. John c. Milburn was also heard in fense of Mir. Hartman and in oppo- ion to the petition filed by the com- ssion, On behalf of the government, 9resented by the irterstate commits bn, the arguments were conducted Fl United States District Attorney enry l.. Stlmson and Frank B. Kel- #gg, special counsel to the commission. Counsel for MT. Hartman stated to age Hough that the stock purchases the Union Pacific railroad, amount
 to $l5O,0OO0o0 during one period and put $1S2,OOO,OOO in the aggregate, were de on the recommendation of the T Fcutive committee, approved by the lrd of directors and ratified by the ckholders of the Union Pacific.
 Ill that MT, Hartman had done, Mr. burn declared, had met with the lest approval of the stockholders of
 Union Pacific company. He fur r stated that allowing for losses tained in the recent heavy slump of Ices the Union Pacific company had : lifted no less than $32,O00,00O by it's ck purchases. MT. Milburn said fact should silence the claim ot
 commission that the stock purchas- tended to impair the effectiveness of
 railroads engaged in interstate bus ss.
 fr. Kellogg in reply to this stated It the so-called market value of the cks sold to the Union Pacific was %htng more nor less than a Wall bet quotation, probably fixed by the y pool of men whom it is claimed 'e behind the stock deals. As to the E pairment of the usefulness of the roads, MT. Kellogg asserted that
 roads of inflated values were to-day tble to borrow money to build the s needed by them to carry out their gations to the public.
 S The same thing is true of the roads hout inflated values," retorted MT. burn.
 enator Spooner declared that the ck deals between Mr. Hartman and
 Union Pacific were matters of con- h only between the individual and
 stockholders and had nothing to do h the interstate commerce, Mir. logg declared the commission had < light to inquire into the uses to ! ch moneys of a railroad were put. was a necessary inquiry, he main- ned, in the fixing and adjustment of & es to be charged by common car = s.
 udge Hough interrupted the at neys on both sides with many hted questions. He said, among er things, that he did not exactly
 what the deferred announcement the Union Pacific dividend had to
 with interstate traffic. He also ed if, after all, the commission
 only seeking by the unanswered
 stion to prove from whom Harri- h, the individual, purchased the Pk subsequently sold to the com
 y of which he is president and bt profit he individually made by
 transaction.
 F Ir. Kellogg said the commission ght to get at the bona fides of the bk deals. In general, he declared,
 commission was making an in " which involved the question of : ether or not the great western ter
 " of the United States shall be
 endent upon one man for It's de- bpment, whether or not there shall
 railroad competition between the
 souri and the south Pacific coast,
 Ir. Kellogg, in concluding his ar nent, said the commission question
 the propriety of MT Harriman's
 ng upon committee to fix the be of stock he held and was about
 ell to the Union Pacific.
 know" interJeeted Mir Milburn,
 what are you going to do about