The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-06
OODCESIT
Justice Wouldn't Decide en-
terrOgatory' Question.
Didn't Want to Take Case on
His Vacation.
BEFORE FULL COURT.
Fixes Date of Hearing for
September %.
Will Then Decide if Trusts Can
Legally Be Questioned.

After listening to the argument of
Earl Evans, attorney for the Inter
national Harvester company, Justice
Silas Porter decided on Monday after
noon that he didn't want to take the
responsibility of deciding the consti-
tutionality of the ''interrogatory law
enacted at the 1907 session of the
Kansas legislature, and postponed
the hearing until Sept. %. when the
entire supreme bench will be here.
| 1t was a fearfully hot afternoon,
and attorneys, newspaper men and
| others who were crowded into the
| judicial chambers of Justice Porter
were far from happy.
First the attorneys for the Standard
| Oil and Harvester trusts raised the
question of the right CT one judge of
the supreme court to pass upon the
sired to submit They held that as
the law said court or judge" it
meant that judge referred only to dis
trict judges, while court referred to
the entire supreme court.
Justice Porter held, however, that
the law was sufficiently broad to al
low him to hear the case.
Earl Evans. repre- enting the Inter
opened his argument on behalf of the
International. He said that the in
terrogatory law did not entirely
exempt the company answering the
criminal prosecution. He proceeded
to read some very long decisions on
this point. but Justice Porter inter
rupted his argument, and asked
whether the attorneys were expecting
to file vOluminOus briefs
Il am going away on my vacation
in few days" said Justice Porter.
and don't wart to have to take this
case " it'll me-
After some discussion. Justice Por-
ter said he would postpone the furth-
er hearing Of the case until Sept. %.
The attorneys for the state objected
to this They said that the cases had
already been pending for a year, ow-
ing to the delay in getting the plead
ings made up. Justice Porter said:
Il don't care to take the responsibility
of deciding this matter And 1 can not
see that any interests will suffer if the
matter is postponed until September 23.''
I'VE were allowed only until Septem-
Der l to finish the taking of our testi-
mony." said Attorney General Jackson.
"Well, all the parties are represented
here, and you can easily agree upon a
ST puletion which will permit the extern
sion of the time. 1 will personally
guarantee that the court will allow such
an extension replied Judge Porter.
I'VE don't know how long it will take
these people to answer these interroga-
tories after the court has ruled upon
Them" persisted Mr.. jackson. 1T may
take them six months. Perhaps the
state will prefer to go ahead and take
the testimony rather than waiting for
this all to be ironed OUT
"Oh. don't hold that threat over u.s.
pleaded E. D. Bancroft of Chicago, the
head counsel for the International Har-
vester company. afz = .f-
To the satisfaction of the Harveste-
company and the STANDARD Oil company
which Invariably play for time in such
proceedings, and consider delay almost
equivalent to victory, the whole matter
was set over until September %, at
which time the supreme court will de-
eide whether or not the Harvester COM
pany must answer the interrogatories
propounded by the court. The Standard
OIL company has signified a willingness
to answer the questions, but the Harves-
ter compeny is fighting. This is a clever
move, for of course If the Harvester
company WITS il its contentious, the
Standard OH company will win, too,
while at th4 same time the Standard is
appearing to be perfectly willing to an
swer all the questions.