The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-11-15
HARTMAN AS RAIL GAR
ATTORNEY KELLOGG SAYS WEST
10 At MERCY OF ONE MAN.
JUDGE HouoA HRARe ARGUMENT

fvsal 10 Answer Questions Pro
pounded by interstate commsrc,
Commission 10 Deferred Until Dec. I
New York, Nov. lG.-After sever
hours and q half Of argument on boil
sides Of the question, Judge Hough. In
the United states circuit court, an
nounoed that he would not DO ready Il
render . decision On the petition oil
the interstate commerce commission
to compel u. H. Hartman to answer
certain questions propoundsd TO him
isst spring, Ia the course Of the com
Missions investigation into the 20
called Hartman lines. until Dec. 1
The opposing counsel were given the
privileges Of Ming additional briefs
during tho next two weeks.
The arguments took q wide range
and the privileges and powers OF the
interstate commerce commission were
thoroughly gone into. Former Senator
John c. Spooner Of Wisconsin ap.
peared for the FIRST time in the case
and argued in defense Of the position
maintained by Mr.. Harriman-that he
10 not required to tell the commission
what individual profit he made in sell.
ing the stocks OF other railroads held
by him to the Union Pacific company
or detail the manner in which the ia.
nous 10 per cent Union Pacific divi.
dsnd was declared in August, 1906,
and its announcement deferred for
two days
Mr.. Hartman has also declined to
say how much stock OF the Union Pa.
oific. II any. he bought Just prior to
the announcement OF the dividend.
MiIburn for Hartman.
John q. Milburn wss also heard In
defense of Mr.. Hartman and In Cd.
position to the petition hlsd by the
commission.
On behalf of the government, repre-.
sented by the interstate commerce
commission, the arguments were con.
Quoted by District Attorney Henry l..
Stimson and Frank b. Kellogg, special
counsel to the commission.
Counsel for Mr.. Hartman stated to
Judge Hough that the stock purchases
of the Union Pacific railroad, amount
ing to $160.OO0.0OO during one period
and about S1S2 100000 in the aggre-
gate, were made ON the recommends
. ton Of the executive committee, ap.
proved by the board OF directors and
ratified by the stockholders. He fur.
Their stated that allowing for losses
sustained in the recent heavy slump
Of prices, the Union Pacific company
had profited no less than $4,000, 600
by it's stock purchases. Mr.. Milburn
said this fact should silence the claim
of the commission that the stock pur.
chases tended to impair the effective.
ness Of the railroads engaged in in.
terstats business.
Kellogg Makes Reply.
Mr. Kellogg. in reply to this, stated
that the so-called market value of the
stocks sold to the Union Pacific was
nothing more or less than a Wall
street quotation. probably fixed by the
very pool of men. who, it Is claimed.
were behind the stock deals. As to
the impairment of the usefulness of
the railroads, Mr.. Kellogg asserted
that the roads Of inflated values were
today unable to borrow money to build
the ears needed by them to carry out
their obligations to the public.
The same thing Is true Of the roads
without inflated values" rstorted Mr..
Milburn.
Mr.. Spooner declared that the stock
deals between Mr.. Hartman and tho
Union Pacific we're matters Of con.
Germ only between the individual and
the stockholders and had nothing to
do with interstate commerce.
MT. Kellogg declared the commits.
sion had right to inquire into the
uses to which the moneys OF a rail.
road were put. II was necessary in
quiry. he maintained. In the fixing and
adjustment of rates to be charged by
common carriers.
Court Asks Pointed Questions.
Judge Hough interrupted the attor.
neys on both sides with many pointed
questions He said among other
things, that he did not exactly see
what the deferred announcement of
the Union Pacific dividend had to do
with interstate traffic. He asked If,
after all, the commission was not
only seeking by unanswered questions
to prove from whom Hartman. the
individual, purchased the stocks sub
sequeItly sold to the company of
which he is president and what profit
he individually made by the transac.
ton.
Mr.. Kellogg said the commission
sought to get at the facts of the stock
deal, In general, he declared the
commission was making an inquiry
which involved the question Of wheth.
er or not the great western territory
of the United States shall be depend
ont upon one man for its development
whether or not there shall bs rail-
road competition between the Missouri
river and the south Pacific coast