New-York tribune., 1909-05-20

factor IN the gas field MI Rogers got control
Of the Brookline Gas Light Company extended It's
mains 10 Boston and cut the price Of gas IN tha'
city 81 - 81 a thousand cubic feet Nhen 'e
war came TO an end in 1896 Mr.. Rogers and certain
his associates were made trustees OF the hay
State Gas Company of Delaware, TO manage the
Boston. South Boston. Roxbury and Bay STATE Voi
Massachusetts gas companies. A year or SO a.
terward SIR. Rogers sold his interest in the Brook
line and Dorchester Gas companies 10 the I
England Gas and Coke Company. ana dehNeieD -
that company the management ana cohu'i -
four Boston gas companies. Later the bay 0'
Gas Company passed into receivers $ hahus' Hu
the receiver brought an action for Oie ~ ~"u
ton Of the sale of the Boston gas companies nam
ing defendants Mr.. Rogers trust ooi"lS'S -
this city and a banking firm of Boston anu -
York and alleging fraud and conspiracy ms az
ton was dismissed in the Supreme Court u N''
sachusetts in 1904 -,
Subsequently the receiver brought sult III 'l
United States Circuit Court against MI f>oee'S'
alleging that he had received from the Ne" h.e
land Gas and Coke Company 100000 IN aouluoF
TO the amount stipulated by him for the sale OF ls
interests in the Dorchester and Broohllne oolpa
nes for the delivery OF the management ana oo
troll Of the Boston companies, and that TINS S''0'
600 belonged 10 the Bay State Gas Company under
the trust agreement. The action was decided III
1ac- the court ordering about one-hah OF the
profits or about 81. 100000 to be turned over 10 he
Bav State Gas Company of Delaware Inc court
held that Mr. Rogers's position was not tAat OF d
trustee holding Il mere naked trust, DuN 1ildI ms
relations TO the were such as to entlue the
comma Mt the Ray Stale Gas receiver. 10 recover
only an equitable proportion Of the amount re-
ceived by Mr.. Rogers for his Brookne securities IN
excess OF any value which visible I" the court
Il was also found that there was no basis FOR the
allegation that Mr.. Rogers had sought TO control
the management Of the Boston companies 10 obtain
a large compensation and profit for himself
DEFENDED SUIT FOR SNcoov"
In 1904 a suit for S5ocD0oo damages was brought
against Nj Rogers in the Massachusetts Supreme
Court by c. NJ Raymond. on an assigned claim
~ the late Mrs Elizabeth 2. Creenough for royal
ties alleged 10 be due on a process invented by
her husband. the late Benjamin F. Greenough.
for refining crude petroleum and making petroleum
non-explosive. The case came to trial in Septem-
ner 1907, and y as finally decided in foyar Of MI
Rogers
In the course OF the trial # developed that Mr..
Rogers had had a stroke OF Aort in July. and
had since then been unable to attend to business
and upon this fact being shown, the judge 6is-
missed motion to compel his presence as a wit
ness He had been staying during the interval at
,ba Lor,a ~ his eon-nIaw. Mr.. BrouKhton, a.
Great Neck Long Island and had made only one
visit TO New York having gone there to contradict
! by his presence for an hour OF so rumor on the
| stock market that he was dying.
The last big project undertaken by Mr.. Rogers
was the Virginan Railway. which formally
| onened nv him only a few weeks ago. Practically
the entire financing of this road the cost Of which,
| including its equipment and terminals approx
| n,ateIv 100000. done by Mr. Rogers person
| auv and it is looked upon as the greatest one
man achievement in history OF railroad build
inp IN this country The only securities of the road
| IN the hands OF the public S7,0J00n0 of short
ter notes and S3 900 equipment trust certificates
Tho notes hear the personal guarantee Of MT Rog-
| orc hut are secued by collateral Of such value.
| including Standard Oil, Kmalgamated Copper. Con
solidated Gas, Great Northern, ST Paul and other
gjIt edged stock. that his Endorsement is regarded
| ss a superfuity by the bankers who hoated the
Issue.
| ur Rosers's breakdown in the summer Of 1907,
whom he suffered from his first stroke of apopleXy
| -. disease which finally killed him, was attributed
| =. .ba time TO worry the Virginian Railway
| .,,o-,r,sn in which he said TO have tied UP a
,.-oa mart of his fortune. It was reported that 70
| ot,sI, funds for carrying on the construction of
| -, oad he had been forced TO dispose of some OF
| "a, btob Grade investment securities at a sacrifice
| ~ 1asses on this account. it said amounted
| . o,.er gao $4,000 even the cash received from
- sala Of these securities however, was sufficient
| -. the tremendous absorption of money by hi.
| -,,-o,d In addition the demands made upon
| -. ~. bie other enterprises, and he was finally
500, "a sell 100000 personally guaranteed notes
! - a high rate of interest TO get necessary
funds 81. nj. ,,
., enanc,aI burdens and the pressure again