The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-02-12
OUTSIDE CONVERSATIONS PER
hlTTEO TO BE RECORDED IN
GAS HEARING.
Attempt to Show Hatfield Decided All
Questions for Commission and
Made Appointments.

Nearly the entire day was spent
yesterday by the array OF attorneys
contending Joints OF Law relative to
the admission Of certain testimony
and making preliminary addresses in
opening the litigation OF the Manu-
facturers' Light & Heat Company
against the West Virginia Public serv-
ice Commission. The hearing was
held before Special Master J. W. Van
deryort, OF Parkersburg. appointed by
United States District Judge A. G..
Dayton TO preside at the hearing.
The feature OF the case was the at.
tack by the plaintiff counsel. OF which
Attorney A. Leo Well. OF Pittsburgh.
Is chief counsel. on Governor IA. ".
Hatfield and the members of the com
mission. The plaintiffs attorneys at
tempted to magnify the alleged dicta-
ton by the Governor in control over
the commissioners; that he had no
executive rights to even suggest TO
the body any measure that they might
be considering
Court convened at 1920 O'Clock.
The first motion was made by Judge
Frank W. Nesbitt. asking that the
case be continued. as he had received
a telegram from Judge a. G. Dayton
asking that he appear as his chief
counsel in the hearing Of the Congress
sional committee in probing the
charges against the judge at Parkers-
burg. Friday morning. About an hour
was spent in contending the proposed
adjournment. the plaintiffs attorneys
insisting that the hearing be not post
poned, intimating that IL was a move
10 handicap them by Judge Dayton
asking at this time for the services of
Judge Nesbitt. Finally the motion to
continue the hearing was overruled.
Honest Verdict.
In his opening statement, Special
Master Nandervort said: AT the con
clusion of this case. will be pointed
out as either a tool OF the corpora
lions or Influenced by the state ad-
therefore, / wish to be
fair in every way and shall meet all
questions according to my honest
conviction"
The case was opened by Attorney
Amber for the plaintiff. He declared
that the plaintiff expected to prove
that Governor Hatfield controlled the
Public Commissioners. This was re-
piled to by Attorney General A. A.
Lilly, Col. ]. b. Sommerville and
Judge John II. Holt, representing the
state. said that they had nothing to
conceal and that they were ready to
call any witness that knew anything
about the case. and that they would
likely put Governor Hatfield on the
stand.
Afternoon Session.
Court reconvened at 2 o'clock. Con-
siderable time was spent by the attor-
neys on minor points relative to the
plaintiff doing business as an inter
state company.
The first witness placed on the
stand was Mr.. Morgan Owen. an at
torney OF Charleston, and at present
reading clerk in the House OF Dele
gates. He was summoned by the
plaintiff, who attempted in every man.
ner possible to show by him. that the
Governor was the sole dictator and
ruler over the actions of the public
service commissioners; that no deci-
sion was rendered by them until h.
wishes had been consulted Through
Mr.. owen, the plaintiff, represented by
Mr.. Well, who did nearly all the inter
rogating, II was the apparent intent
VI NAt pidluAlu 10 DIlub out every
point or question that might attempt
to show the Governor W as the su.
preme dictator OF every move made
by the commission. The plaintiff also
attempted TO have its witness tell OF
all private conversations he had with
Commissioner Howard n. Ogden. de.
ceased, that might have an indirect
bearing in establishing the alleged
authority shown by the chief execu-
tive of the state.
Back and forth counsel commended the
admission Of certain questions put to
Mr. owen. Mr.. Wen contendcd his
points strongly. while Mr. Price and
Mr. Amber. his assistants. as we. as
Attorney Charles McCamic, OF this city
came To their associates rescue with
long speeches. All the attorneys on the
STATE = side spoke relative 60 the adruis-
sion OF certain testimony. principally
that II had no direct bearing on the
case or that IL was simply "a conversa-
ton between Mr.. owen and Commits
Fioner Ogden. Tilt after tllt was the
program carried out the greater part OF
the Afternoon by the attorneys. Mr.
Niel would interroEate. the state attor-
neys would object and then arguments
would be made pro and con. the Master
ruling In favor ~ the plaintiff In nearly
every contention, all ~ which we're
States Atty. Avis Explains.
several 81 the cttornsys became much
wrought ID. Including Mr.. Avis who. in