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Biography of

THE HONORABLE RICHARD DEAN ROGERS Senior District Judge

r By E. Socolofsky 1

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Copyright © 1995 by The United States District Court, District This biography is made available for research purposes. All rights to the biography, including the right to publish, are reserved to the United States District Court, District of Kansas. No part of the biography may be quoted for publication without the permission of the Court.

Requests for permission to quote for publication should be addressed to the Clerk of the Court, United States District Court, District of Kansas, and should include identification of the specific passages to be quoted, anticipated use of the passages, and identification of the user. ff^ It is recommended that this biography be cited as follows:

Richard Dean Dean Rogers, Rogers, "Biography "Biography of the of Honorable the Honorable Richard RichardDean Rogers, Dean Senior Rogers, United Senior States United States "1 District Judge,*Judge," aa historyhistory prepared 1994-1995 by Homer Socolofsky, United States District Court, DistrictT C i a + T »of i # Kansas, * + 1995. A f l T o n e o o 1 Q O R - >

Printed in U.SA. by Mennonite Press, Inc., Newton, Kansas 67114

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legal terms and procedure in extended tape- 1B^ last December, inviting me to write recorded sessions. And they were always When Judgea biography Monti of Belot Judge telephoned Richard D. prompt in response to mailed in questions. Rogers, I was interested. But I wanted more Thank you all for willingly providing your information, what should a judicial biogra time and also to Cindy Rogers, who helped phy contain, how long should it be, were pic to fill in the details of the past ten years. tures to be included, and was there an The expert editing by Patty Stones, Penny already completed biography to serve as a and Tom Socolofsky is appreciated. guide? Also, I needed to contact Dick Rogers, A love of Kansas history is one of the fas ji^fj whom Fd known since 1940. cinating qualities about Dick Rogers, a trait Answers were soon received to many of which I share. In spite of all the care taken to my questions. I met with Judge Rogers and be fully accurate in this Kansas-based biog he showed me some of the materials from raphy, a biographer is ever aware of steps not which a biography could be drawn. It is his taken and areas not explored. In some ways fS} fashion to downplay his eventful life. With I'm like William Allen White who prefaced out his help and his frank and full answers his Autobiography with the statement: to my many questions the results would This Autobiography, in spite of all the have been scant indeed. Much can be pains I have taken and the research I have gleaned from contemporary newspapers, put into it, is necessarily fiction. The fact from local and state histories, from personal that names, dates, and places seem to corre accounts of people living in Oberlin, Clyde, spond with such things that may have occurred in real life does not guarantee the Wamego, Manhattan, and Topeka, and from truth of these stories. So, in all candor, I maps and pictures of these areas. All of wish to warn the reader not to confuse this these sources and others have been story with reality. For God only knows the employed in this biography. truth. I am hereby trying, in my finite way, IS Judge Rogers and his law clerks, Jim to set down some facts which seem real and Prentice and Pat Haley, have provided care true to me. And best, this is only a tale that ful and extended tutelage on the opinions, is told! p| both published and unpublished, that are Homer E. Socolofsky, July 20,1995, Man discussed here. They patiently explained hattan, Kansas » viii I The Honorable Richard Dean Rogers ppj

The Honorable Richard Dean Rogers | ix

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Wsj Contents

ispi I . B E G I N N I N G S 1

pp II. GROWING UP IN WAMEGO 13

I I I . K - S T A T E A N D W O R L D W A R I I 2 9

IV. BEGINNING ALAW CAREER 51

■p^ V . N O N P A R T I S A N A N D P A R T I S A N P O L I T I C S 6 5

V I . M U S I C , L I T E R A T U R E A N D H U M O R 8 5

VII. UNITED STATES DISTRICT JUDGE, ■SSI A U G U S T 7 , 1 9 7 5 - D E C E M B E R 3 1 , 1 9 8 8 9 5

VIII. SENIOR UNITED STATES DISTRICT JUDGE,

S I N C E J A N U A R Y 1 , 1 9 8 9 I l l

F o o t n o t e s f o r C h a p t e r s I - V I I I 1 2 5 m A P P E N D I X A I n s t a l l a t i o n a s U . S . D i s t r i c t C o u r t J u d g e 1 2 9

A P P E N D K B C i t a t i o n f o r D i s t i n g u i s h e d F l y i n g C r o s s 1 3 3

APPENDIX C Response by Judge Rogers on being named the 1985

» "Distinguished Kansan of the Year" by the Native Sons and Daughters 135

A P P E N D I X D R e m a r k s o n G e o r g i a N e e s e G r a y 1 3 9 p^ A P P E N D I X E E u l o g y t o W a r r e n W . S h a w 1 4 1

,^j A P P E N D I X F A f fi l i a t i o n s , H o n o r s a n d A w a r d s 1 4 5

I n d e x 1 4 7 J! The Honorable Richard Dean Rogers

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Chapter I

i^pi Beginnings ichard Dean Rogers took the oath of office as the newest federal district judge ipR! in Kansas on Thursday afternoon, August 7, 1975. Judge Delmas C. Hill, from R1fthe; Tenth Circuit Court of Appeals in Denver, presided at the swearing in cer emony in the Federal District Court in Topeka. The "sometimes relaxed 40-minute cer emony," was attended by personal friends, family, and by more than a hundred mem bers of the Kansas Bar Association. Taking part in the ceremony were a mixture of state and federal participants, including Governor Robert F. Bennett and Presiding Judge Wesley E. Brown of the Kansas District Court, who spoke briefly.1 'ifPty Judge Hill noted that both he and Rogers "came from Wamego. ... I first remember him as a handsome, well-groomed youngster in knee pants . . . able to get the best job in town for a boy his age" and who courted and won as his wife "not only one of the nicest but also the prettiest girl in town." Leonard O. Thomas, a past president of the Kansas Bar Association, recognized Rogers for his unique qualifications and J. C. Tillotson, chairman of the Judiciary Committee, presented the new judge with his presidential commission. Retiring Kansas District Judge George Templar helped Judge Rogers put on his new black judicial robe. In reality, Richard D. Rogers had prepared for this appointment to the federal bench all of the fifty-three

'in years of his life.2 Richard Dean Rogers was born at home were always well dressed, and they knew in Oberlin, Kansas, on December 29, 1921, and understood quality clothing. When they i#l the third son of William Clark Rogers and were married, according to a news account, Evelyn Mae Christian Rogers. William and William C. was the Kansas representative Evelyn were married in Clyde, Kansas, on for the North Ridge Brush Company and April 27,1916. William had grown up on the was instructing and appointing agents for Rogers farm, three miles south of Clyde. various parts of the state. jfPj Evelyn's family also farmed near Clyde. Evelyn Mae Rogers' parents were Valen- Both William and Evelyn had an eighth tine (known as Vol) and Jenette Parker grade education, although Evelyn spent Christian. Vol had come to Kansas in the MR another year at a Catholic school. Both had early 1870s from South Bend, Indiana, in a worked in a clothing store in Clyde; they covered wagon. He was married to Laura S. were intelligent, used excellent English, Fitch in Marysville, Kansas, on June 29,

fi^ 2 | The Honorable Richard Dean Rogers

1871, and she died Nov 4, 1874 after the miles east of Oberlin. William Rogers was J birth of two sons. Vol homesteaded SW 1/4 9- president of each firm operated by a son, an 5-1 near Clyde for which he received the indication that he had provided the money patent in 1879. On May 6, 1877 at Elk to get started, but he continued to live in Creek, Cloud County, he married Jenette Clyde. Parker and they had seven children, the Oberlin was named for Oberlin, Ohio, by next to the youngest, Eva or Evelyn Mae. town founders in 1878, also the year of the Jenette's father, a Civil War veteran, later "Last Indian Raid" in Kansas which brought became a mail carrier at Concordia. Cheyenne warriors through the area in an William Clark Rogers' parents were attempt to return to their northern home William John Rogers, born in Ontario, land. In 1911, a memorial was erected at , in 1857, and Clara Elizabeth state expense in Oberlin to remember the Williamson, born October 24, 1860, in seventeen newly arrived settlers who had Altoona, Pennsylvania. Clara's father, been killed in that fracas. Oberlin became W% Thomas Williamson, was born in Pennsyl the temporary county seat when Decatur vania in 1809. Her mother, Elizabeth, was county was organized in 1879 and later the born in 1815. Clara moved with her grand permanent seat of government. For^ more parents to St. Joseph, in 1862. than a dozen years after 1881, Oberlin was Later they came farther west and bought a also site of a Federal Land Office, where twin farm one mile north of Clyde. William John homesteaders and others seeking federal and Clara were married February 25, 1883, land in northwest Kansas would file their in Concordia, Kansas. claims. William C. Rogers, following his mar Decatur County, as near a square as pos riage, traveled throughout Kansas for the sible on the surface of a sphere, had bound Lee Overall Company. He did not serve in aries thirty miles on a side. Thus it had World War I, but was in the Home Guard. twenty-five Congressional Townships, based His father, William John Rogers, had accu on the public land survey, which counted mulated land and other investments in an each township as thirty-six one-mile square era when meager expenditures on oneself sections. It is the third county from the Col and no income taxes enabled many Kansas orado border and adjacent on the north to farmers to gather sufficient wealth to retire the state of . Population in the to town by age fifty. There they could live off county peaked at 9,234 people in 1900. By their investments for the remainder of their 1920, the year before Dick Rogers was born, lives. About the time the U.S. entered the it was down to 8,121 and seventy years later first world war, William Rogers set up two of the county's population was less than half his sons in men's clothing stores in two the total in 1900. northwestern Kansas county seats. Earlier, Oberlin was the recipient of a William's store, the Rogers Clothing Store, Chicago, Burlington and Quincy branch was in Oberlin, located on Penn Street, near railroad line. Such transportation was i Commercial, also near the post office and essential to every aspiring county seat. the court house. His brother Ed had a simi Oberlin grew from 1,157 people in 1910 to lar store in Phillipsburg, about seventy 1,247 in 1920. Small-scale businesses to ser- The Honorable Richard Dean Rogers

William C. Rogers' Clothing Store, Oberlin, 1920s vice the county's population developed in to a railroad company, was a homesteader's Oberlin and a half dozen nearby towns, paradise during the late 1870s and 1880s. including the Decatur County communities Farms were laid out, primitive homes were of Norcatur, Jennings and Dresden. In its constructed, to be improved later, roads initial period of growth, lumber yards were were opened and towns were developed to organized in almost every crossroads com fill local needs. In the early 1900s local munity These and similar businesses had boosters were proud of their new county an important function, since construction of high school, the new court house and the homes, barns, and businesses was part of 101 organized school districts. Like many the start-up period in any new settlement on other rural counties in Kansas, the produc the High Plains where there was relatively tion of field crops and animals provided little native timber. almost the entire base for the county's econ Decatur County, because of the absence omy. of land grant railroads through the county, William C. Rogers had a good business in where as much as half of the land was given Oberlin. He drove a Buick and conditions 4 | The Honorable Richard Dean Rogers seemed promising. Agricultural products Daytime robberies for Main Street busi nesses and banks in Kansas in the 1920s brought higher prices during World War I and much money was available in the coun resulted in the formation of local citizens' ty. But the first Rogers son died of influenza groups in many Kansas communities. Simi in 1918, the first year of the big "flu epidem lar to the posses portrayed in Western ic" in the U.S. When her second son was due, movies, these groups were armed and ready to rally at any point where a robbery was in Evelyn Mae went to Kansas City to be with her sister, Frances, who was a nurse. Thus, progress. These organizations led directly to Robert Rex, known as Bob or Bob Rex, was the formation of the Kansas Highway Patrol born in Kansas City, Missouri, on February that developed as an official state agency a 8, 1920. By the time Dick was born late in few years later. 1921, Evelyn was well and strong, so he was Perhaps because of the burglaries or the born in the home they owned in Oberlin. lack of a population base in Decatur County to Even though William C. Rogers' clothing buy fine men's clothing, or the farmers' store prospered in Oberlin, it was burglar depression of the mid-twenties, especially in ized twice and he took losses. grain producing areas, William C. Rogers decided to sell his store. The new owner con tinued to a successful business and Rogers left Oberlin in good financial shape. He still owned a building and lots there. How ever, he moved his family back to Clyde where they lived in a nice, large brownstone house. Clyde, Kansas was named for the River Clyde in Scotland. Clyde was located on the north bank of the Republican River and founded in 1869. It was the oldest communi ty in Cloud County, and for a brief period it was the temporary county seat. The commu nity was served by three railroad lines and in the early 1900s claimed five rural postal routes. Its business district had two weekly newspapers, two banks, two theaters, and a concentration of mercantile establishments, to serve a population in 1910 of 1,057. In 1920, the population was 1,063, with growth to 1,174 by 1930, two years after the William C. Rogers family had moved away. William C. Rogers, while a resident of Clyde, traveled again for the Lee Overall Company. Grandfather Rogers, who was to live to the ripe age of almost 97 years, lived Robert Rex Rogers and Richard Dean nearby, and Grandmother Christian lived Rogers, 1922 The Honorable Richard Dean Rogers

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Bob and Dick Rogers with friends in Clyde, 1926

only a block away. Her unmarried son, Tim, all times. She repeatedly told them that if lived with her. Uncle Tim was a favorite of they got into trouble in school they were in Dick; he taught him how to roller skate. trouble at home. It did not matter if their There were many other relatives around treatment in school was unfair—she wanted Clyde. Cousin Magdaleen lived with William them to learn how to deal with unfair peo and Evelyn's family during the week so she ple. Her perception of morals and ethics fit could attend high school. She rode her pony easily into the Kansas concept of how a per in from her farm home Sunday evening, son should live. kept the pony in the barn during the week, As William C. Rogers was traveling and rode out to her home again on Friday around the state he noticed that the Farm evenings. In the fall of 1927, Richard Dean ers' Union Store in Wamego was for sale. He Rogers, age five, entered the first grade in persuaded his father to back him financial Clyde, where his teacher was a Mrs. Tuggle. ly, the store was purchased and he moved Evelyn Rogers was an affectionate mother. his family to Wamego. Dick and Bob trans She called her young sons, "honey mans," ferred to Wamego schools in the middle of and she wanted them to behave properly at the school year. Dick's first grade teacher

" 6 | The Honorable Richard Dean Rogers fW was Miss Edna Childers. Only one other stu bountiful white pine forests of northern dent in first grade was younger than he. . On one of his exploring journeys Also in that class was Helen Elizabeth Stew in forests of the "thumb" area of Michigan he art, known to her classmates as Beth. In was lost without food for three days. He Wamego Richard Dean Rogers spent the found his way out of the forest to a cabin next dozen years of his life and it would where he was fed on pork and cornmeal, always seem like home. which he declared "tasted better than any Many years later, Judge Richard Rogers food he ever ate." Thomas took his family to 1 became interested in the generations of his Kansas because William was there. He car Rogers' ancestors, back to 1681 and beyond. ried money with him, expecting to buy land. His father, William Clark Rogers, born in On the train two passengers found out that Clyde, Kansas, on Feb. 28, 1892, was the he was carrying much money and they sixth child of William John Rogers and offered to help him find land, saying that Clara E. Williamson. William John was born they would go by it soon. Their plan was to in Ontario, Canada on January 11,1857. He get him onto the train platform on the pre lived in Michigan for a while. After accumu text of showing him the land. There they 1 lating a small amount of money he went by would rob him, then push him from the J rail to Kansas. He was twenty-one years of train. Instead, big, powerful Thomas was age and he settled on a farm near Clyde, in able to push away from them, bang their northeastern Cloud County. He married heads together and throw them off the plat Clara E. Williamson at the Cloud county form. For a while Thomas lived at Riverdale seat, Concordia, Kansas, on February 28, in Gratoit County, Michigan although he 1883. She was born October 20, 1860. Clara was buried in Wisner. Williamson Rogers died in 1927, while Thomas Rogers was the firstborn of William John Rogers lived on until late John Rogers and Sarah Benson. John was 1953. He lived in Clyde more than 75 years. born in 1804 on the family farm in Ontario, William John Rogers was the first-born Canada. Sarah's birth in 1818 was also in (WPl of Thomas Rogers and his first wife, Sarah Canada. They were married in 1833. In later E. McCloud. Thomas was born November 7, years John Rogers lived near Brighton, 1834, on the family farm in Ontario, Cana Lamberton County, about the middle of the da, and Sarah was born on July 6, 1837, in north shore of Lake Ontario. John Rogers

the eastern province of New Brunswick, was the firstborn of Joseph Rogers and (HBpi Canada. Thomas went to Detroit, Michigan Nancy Weese. Joseph was born near Sara in 1864 and enlisted in the Union army, but toga, New York on February 1,1782. He was he saw no active duty. He was a big, power the firstborn of William J. Rogers and Mary pwiS ful man, very impulsive. He was charming Williams. William J. was born in Schenectedy, and gained many friends. Later Thomas New York, in 1750. Mary was the daughter moved to Mt. Pleasant, Isabella County, of John Williams. Michigan, then to Wisner, just a few miles William J. Rogers' father was William inland from Saginaw Bay, in Tuscola Coun John Rogers, born in 1708 or 1709 in New ty, Michigan. He had been a lumberman in York. His mother was Mary White, whose 1 Canada and continued that work among the family name was sometimes listed as Weith.

J 1 » The Honorable Richard Dean Rogers | 7

William John Rogers' father was also William, tory suspect, ordered confined, 89; William John Rogers, born in 1681 in released on bail, 211. Rogers, William, Jr., Albany, New York, and his mother was Mary tory suspect, ordered confined, 89." Johnson, born in Boston in 1689. William, the father, was accused on April This earliest known William Rogers in 16, 1778 of "having been with the Enemy" ppj the Rogers line was a feltmaker in Albany, and was permitted to go home to Saratoga, who signed his son William to a seven-year providing he posted a 100 pound bond. On apprenticeship, ending April 1, 1732 which April 18, 1778, both William and William, .fB*f contained the usual restrictions on the Jr. were "Confined by the Committee of the behavior of the apprentice and obligations of County of Albany for being Persons disaf fP| the master. Presumably the Rogers family fected to the Cause of America and whose came to the American colonies from Scot going at large may be dangerous to the land, though the connection has not been State." established. William Rogers and his son William Rogers, as a Tory and Loyalist, were tanners and merchants and sold hats was intimately involved in both the Battle of and leather goods. William, the younger, Bennington, August 16,1777, and the Battle later had a farm near Albany. of Saratoga, where the sharpest conflicts Family lore describes the Rogers family occurred almost a month apart—September

B8i| as simple Quakers when they lived in 19 and October 17, 1777. Both Bennington Britain and when they arrived in the Amer and Saratoga were crucial American vic ican colonies. Although the link has not been tories; success of American militia under made over that century prior to 1681, some Brig. General John Stark at Bennington of the Rogers family claim to be direct encouraged rebels in their campaign against descendants of the well-known John Rogers, Lt. General John Burgoyne's two armies m a famous religious reformer, who was converging on the upper Hudson River Val burned at the stake in Smithfield, ley. Burgoyne had a mixed force of 7,700 wu in 1555. British, Hessian, Tories, and Indian troops, William John Rogers (born 1708/1709) later increased to 8,500. Opposing them and his son William J. Rogers, Jr. (born were 6,000 well-entrenched Americans up 1750) were active participants in the Ameri under Maj. General Philip Schuyler and can Revolution on the Loyalist side of the later Maj. General Horatio Gates. Realizing conflict. They are frequently mentioned in that the invading British force was trapped, Up Patriot court records, such as the Public some 17,000 rebels hurriedly gathered to Papers of George Clinton, First Governor of surround Burgoyne. Too late, the British New York published in the early twentieth realized that Burgoyne's plans were not Sfl century.3 Three entries in this publication's coordinated with those of Vice Admiral index were: "Rogers (Rodgers) William, of Richard Howe, who was based in New York Hp| Saratoga, released on recognizance, 86-87; City and would supposedly provide the third Albany board waives appearance of, at army coming up the Hudson. request of General Schuyler, 102; required American successes at Freeman's Farm .ip to renew his recognizance, 520; charged (otherwise known as the Battle of Saratoga) with refusing to do militia duty, 612. Rogers, forced Burgoyne to agree to terms of surren-

SP) 8 | The Honorable Richard Dean Rogers p» der and the 5,000 British troops who were in the Night, after their Defeat at Benning still there laid down their arms, and ton; that the Petitioner has lost all that he fflH| marched back to Canada. American success had in the World (that He has long been an es in the year of the lucky triple sevens, Inhabitant of the City of Albany,) and a large brought an eagerness from France to ally Family to support destitute of every Neces with the upstart Americans against their old sary of Life. The Petitioners, therefore, enemy, Britain. This alliance provided humbly pray that your Excellency will take essential elements to permit enough subse the Prisoners advanced Age and other dis CK% tressed Circumstances into your tender and quent American victories, especially York- serious Consideration & earnestly beg that town, to produce the Treaty of in 1783, (MB!]! which officially ended the war. He may become an Object of Mercy and On December 3, 1777 the Albany Com Obtain your Excellencies Pardon."4 Other evidence shows that four horses were mittee of Correspondence heard complaints IW from many citizens, including "Mary Rogers involved and that Rogers had given receipts [who] appeared and complains that the day for some of them. Also, all of the horses were her Mother & Self Went off from their habi returned to their owners within three or four days and money for their rental was tations, their house was pillaged of their Effects and that a great part of them are paid. Rogers held that he was under duress now in possession of [and she named four and adamantly refused to admit that he had men] and Several others & prays relief in done anything wrong. Had he apologized, the premises." There was no indication of things could well have turned out different MS ly. Although the petition was signed by what kind of relief, if any was provided. ] The official record is quiet about most of thirty-eight men from the district, including William Rogers' activities, but the public David Schuyler, presumably a relative of the papers of Governor Clinton, case No. 1402, general, it was denied and William Rogers had to pay for his multiple crimes of being a provide some of the consequences. Specifi cally this case dealt with a serious charge Loyalist, having fought against the Americans at Bennington, and having provided horses against William Rogers from the District of to some of Burgoyne's officers following the Hosick, County of Albany, under the title "A Venerable Man Accused of Horse-stealing— surrender at Saratoga. In 1778 William His Petition." "That the Petitioner is enter Rogers, age almost seventy years, was ing into the Seventieth Year of his Age, and hanged by American authorities in Albany. has been lately convicted for having felo He left his widow, Mary, and six grown children. Five years later when his family niously taken and led away Horses, the Peti tioner does not deny that He took the Horses, departed for Canada, his daughter, Mary pn but that He did not take them clandestinely Fairbanks, stayed in New York with her new or with an Intent to convert them to his own family.5 Use, and that the Petitioner was compelled Rogers'hanging was one of fifteen execu and obliged to go and demand the said Horses tions of Loyalists in New York during the from the Owners by Threats and Fear of Revolution. Fifteen Loyalists were also exe some of the Officers of General Burgoyne's cuted by patriot forces in . New York and South Carolina accounted for Army, Who came to the Petitioner's House

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about sixty percent of all executions of Loy along with livestock, crops and farming alists during the war.6 implements. British authorities in the west IpH The year 1778 was a bad one for the ern part of Quebec laid out the front por Rogers family. On August 20, 1778, "William tions of 14 townships, 9 on the St. Lawrence Rogers [the son] was brought before the River and five higher up (on Lake Ontario or pn Board and we having enquired into the the Ottawa River?), for Loyalist occupation. Nature of his Crime and finding no special By October 7, 1784, William Rogers and 45 Charges against him have thought proper to other men from the Loyalist camp were in fH permit him to go at large on his entering Ernestown and had cleared a land area of into Recognizance for good Behaviour and 146.5 acres. On September 2, 1785, Rogers

SPff Monthly Appearance/' Rogers and Philip and others like him who had served with Ryley were each required to post a bond of Captain David Jones and Colonel Edward 100 pounds. William Rogers was back Jessup at Bennington, were granted land in ^ before the Committee on September 11, this first group of townships. Rogers 1780, and was required to post bond again. received the west half of lot 16, concession 5, Again on January 5, 1781, William Rogers, Ernestown, an area of 100 acres. No doubt B^ along with several other men, appeared he acquired more land later, as his will, before the Committee because of their dated in 1818, shows additional property refusal "to do any Militia Duty when called which he bequeathed to his sons.9 (ff& upon and are adjudged by them to be The British government, in granting dangerous Persons —"7 land to former soldiers, was responding to '|pl It was little wonder that some time after precedents well established in British law. the birth of Joseph Rogers, grandson of the Other countries in earlier times, such as the hanged William Rogers, in February 1782, Roman Empire and many other nations, .sppl the widow Mary Rogers and five of her six paid off surviving veterans with land and children and their families along with many farms. The new United States granted land other Loyalists departed hastily for Canada. to soldiers and sailors from the Revolution PR The route of more than two hundred miles ary War in the Northwest Territory, and vet taken by these Loyalists from upstate New erans of the Mexican War received rights to ipH York was to the province of Quebec by way of much land in the West. Union veterans from Lake Champlain to Sorel, on the St. the Civil War could use their time in service Lawrence River, downstream from Montre to reduce the five years necessary to acquire ifP al. According to William Rogers, Mary's son, free land under the Homestead Act of 1862. his family stayed there in a Loyalist refugee Texas provided Confederate veterans with camp between July 25, 1783 and March 25, land in that state. pi 1784. He entered claims and evidence of Dispossession of property and expulsion property lost to the rebels amounting to the of Loyalists following the end of the Revolu PR sizable sum of 451 pounds, 2 shillings and 6 tionary War was often a matter of where it pence, later reduced to 155 pounds sterling. took place and who was dispossessed. In Subsequently, he received 95 pounds ster downstate New York, the Loyalists were so PR ling for loss of a 100-acre farm, with 30 acres numerous and politically strong that their cleared, containing two houses and a barn, property remained virtually intact. Upstate

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fPH 10 I The Honorable Richard Dean Rogers New York Loyalists fared less well. Many other tribes confederated with the Mohawks were harassed and driven out. Loyalists had fled north into Canada, generally being located in Ontario. departed from all of the colonies throughout the war. Many had gone back to England or During the eight long years of the Revo to nearby colonies, such as Bermuda, the lutionary War, Loyalists in the thirteen Bahamas or to British possessions in the American Colonies dominated some areas. Caribbean. When the war ended the British Recognized Loyalist territory included the Hudson Valley and in New (Sj!J government in 1783 and 1784 attracted between forty and sixty thousand Loyalists York, the environs of the largest colonial to Canada, where they settled in the already city, Philadelphia, and some of the southern established colonies of Nova Scotia or Que colonies. Patriots had overwhelming bec, or helped to found the newly-organized strength in New England, in Virginia and colonies of New Brunswick and Ontario.10 generally in backcountry regions. When About ten thousand of these Loyalists, rebel or patriot armies fought within Loyal ist areas, they regarded local people as hos 1 including the Rogers family and in-laws such as the John Weese family, settled in the tile and unfriendly. Overall, the Loyalists area west of the Ottawa River by 1785. After represented between twenty and thirty per 1791 this region became known as Upper cent of the population. A description of a Canada, and still later as Ontario. Most of cross section of Loyalist adherents would 1 these settlers were in need. They had lost find them much the same in wealth and their homes, land and other possessions in property as a cross section of Patriots, the new, free United States. Land, food, except that most British governmental clothing, livestock and seed were provided employees remained loyal to the crown. Peter Brimelow wrote in his The Patriot by the British government in newly settled regions of Upper Canada. Game, published in 1986, that "English- The Loyalists were on the losing side in speaking Canada is a surprisingly new the American Revolution, and losers in such development. It began in one of history's '1 a conflict rarely record its history. However, overlooked tragedies: the northward move their continued loyalty to the British crown ment of some 60,000 American Tories, brought to these new settlers in Canada an deprived of their country and virtually all identity as United Empire Loyalists.11 An the compensation for looted property organization, using a similar name, gained promised by the Treaty of Paris, which an elite status in Canada, in ways much like ended the American War of Independence."12 that of the Sons of the American Revolution, By the late twentieth century, their descen or the Daughters of the American Revolu dants number three and one-half million. On January 8, 1825, Joseph Rogers, an tion, in the United States. Former British j and German (the Hessians) soldiers who infant when the Rogers family migrated to fought against the Patriot armies received Ontario, petitioned the General Quarter Ses land in Canada, mostly in Ontario. Also, sions of the Peace, at "the Court House at 1 Hamilton" saying that he was "the Son of large numbers of Indians from upstate New York who sided with the British, such as the William Rogers of Ernestown in the Midland Mohawk tribe under Joseph Brant, and District deceased and that... Joseph Rogers

.1 1 The Honorable Richard Dean Rogers | 11 did his duty in service of the Province during under Captain Sheldon Hawley, his Dis the late war [known in the U.S. as the War of charge bearing date April 21, 1820. Your nn 1812] and that his deceased father did while petitioner therefore hopes that by the boun living during the late insurrection [the Revo ty of government he shall receive such por lutionary War] his Loyalty without suspicion tions of Land as these claims entitle him of aiding and abetting the enemy" In an to."13 additional statement to "Sir Peregrine Mait- Judge Richard D. Rogers submitted his land, Knight, Commander of the most honor report on "William Rogers, Loyalist," which able Military Order of the Bath, Governor of contained information on his lineage back to the Province of Upper Canada, Commander William Rogers, to the office of the United of his majesty's forces therein" Joseph Empire Loyalists Association of Canada, in Rogers stated that he lived in the "Township .14 Several years later on October 19, of Murray and District of Newcastle," and 1978, he became an elected member of the (S^ that he was "the son of William Rogers, a U. association and was sent a certificate show E. Loyalist, Deceased who served his ing his membership. One portion of the cer Majesty in the Loyal Rangers, under Major tificate stated that, "Those Loyalists who and Colonel Jessups for seven years and one have adhered to the Unity of Empire, and month, being taken prisoner [three times] by joined the Royal Standard before the Treaty the enemy, and suffering severe losses .... of IfSt of Separation in the year 1783, and all their property." He also mentioned that "he has Children, and their Descendants, by either himself also served his Majesty in the first sex, are to be distinguished by the following flank company of the Addington Militia Capitals affixed to their names — U.E."

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ipW Growing Up in Wamego

1928 school year. Bob entered third grade and Dick was the second youngest William Clarkstudent Rogers in Miss moved Edna Childers' his family first to grade Wamego in the halfway Old Stone through School. the Located 1927- at Seventh and Elm, the building was finished in 1911, after bonds were sold to allow its completion. This school housed both grade and high school until 1938, when a new consolidated rural high school building was finished in time for Dick to be in its first IPI graduating class. Fourteen members of his first grade class were still together when a class of fifty-two graduated from high school. Wamego, with a population of 1,647 in 1930, was the largest community in Pot tawatomie County. Small and medium-sized businesses lined Lincoln Avenue, the town's main street, and small agricultural processors and related industries were locat ed along the track of the Union Pacific near the south edge of the community. A divi sion point on the railroad ever since its founding in 1866, Wamego had a roundhouse pPH where steam engines were serviced. Many railroad workers lived in the community. Walter P. Chrysler, founder of Chrysler Corporation in the 1920s, was born in Wamego pijt in 1875. His father, an engineer for the railroad, moved his family some 150 miles far ther west to Ellis, another division point on the railroad in 1878, where Walter grew up. Wamego's name came from a chief of the Pottawatomie tribe, whose reservation was located a few miles to the northeast. In Wamego the Rogers family purchased to the track of the Union Pacific. The rail the stock and equipment of the Farmers' road depot was at the far end of Railroad Union Store, which operated for a dozen Park. Lincoln Avenue went north over the BUR years after 1916. The sizable, two-story hill and south across the tracks to a bridge stone corner building at the intersection of over the Kansas River and into Wabaunsee Lincoln Avenue and Fourth Street was rent County. The east-west Golden Belt Highway, ^ ed. The building, erected in the late nine renamed US 24 and US 40 in the mid-1920s, teenth century, originally was known as the traveled on Fourth Street, just south of the Heckler Block, and later called the store. Living accommodations for the family pi Schwandt building.1 It was across Fourth was a spacious apartment on the second Street from Railroad Park, which was next floor, built there by an earlier occupant of f|S| 14 | The Honorable Richard Dean Rogers was no tradition of going to college in either the building. the Rogers or the Christian families. In By 1906, the Heckler Block housed the Herman Plesse Dry Goods & Groceries. This Clyde, Evelyn had opened the family's home to a niece to enable her to attend high school department store sold general merchandise and groceries.2 Plesse maintained a poultry without the cumbersome and difficult task pffifiSSI of riding a horse long distances every day. In business, behind or west of the store. Farm ers' Union also sold general merchandise Wamego she always had a rural girl who was attending high school live with them. In and groceries and the business's stock return for preparing meals and cleaning the changed little in the years, 1928 to 1935, when W. C. and Evelyn Rogers were its own apartment, the young woman received ers and managers. Five or six employees board and room, reducing her cash expenses were needed by the Rogers to run this busi in going to high school. ness. William and Evelyn worked at least a Evelyn Rogers used every opportunity to instruct her young sons in proper manners. sixty hour, six-day week and they never took In the early years in Wamego, after attend a vacation while they lived in Wamego. Eve ing the Presbyterian Church on Sundays the lyn was a diligent worker and more willing to put in long, tiring hours to get the job family ate Sunday dinner at the Park Hotel, where Bob and Dick were expected to be on done than her husband, William C. Besides f|Tnife| their best behavior. In good weather the an occasional visit in Kansas City, their family took a Sunday afternoon drive to longest trips were by auto over poor roads to Manhattan to consume chocolate ice cream Clyde to visit relatives. malts. On one leg of the forty-mile roundtrip The Rogers prior experience with fine they would use highways US 24-40, through clothing helped them in Wamego, though St. George; the other would be the rural they had a much more diverse stock in this road through the small communities of store. In Oberlin, W. C. Rogers had driven a Wabaunsee and Zeandale on the south side Buick— in Wamego, he drove a succession of of the river. Bob was bigger and stronger Fords. He parked his car out in front of his than Dick—two vigorous boys seated togeth store, or in a barn off the alley in back. Bob er could spell trouble. Remembered later and Dick, ages eight and six, were given the was the action where Bob pushed Dick down responsibility of sweeping the floors in this in front of the back seat and said, "See the big building. By the time they could have white horse." Dick then yelled desperately, helped out with clerical duties they had "I want to see the white horse," and Evelyn other jobs in Wamego's main street busi from the front seat took a swing with her nesses. . . hand at Bob. Evelyn Rogers was a mother working f outside the home, not a usual practice in the During the very early days of radio, the 1 1920s and 1930s. At the same time she was Rogers family had a small radio with an oval a strong booster of education, partly because top. They enjoyed listening to the powerful she had completed only nine years of school pioneer station KFKB (Kansas First, Kansas Best) from Milford, just north of ing. She understood what formal education Junction City. Live musical performances 1 could do and her dreams called for her boys came to them via the airways. At times they getting college degrees, even though there

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The Honorable Richard Dean Rogers | 15 heard the solemn Dr. John R. Brinkley Theater. They made a sign and hung it out impart his medical wisdom. Several times side the basement stairs in the back of the IP William C. Rogers drove his family to Mil- Rogers store. Then they would pick a ford to see and hear a live performance stranger, possibly a salesman or drummer, going out on the air. who came to Wamego to sell merchandise to The first year the Rogers lived in various businesses. They would follow him Wamego a circus came and pitched tents in all day all over town. They were detectives— the City Park. Bob and Dick were attracted pt they would follow their man. Some of the by the sights and sounds and went under objects of the detective agency's concentra the tent wall to see the circus. As remem tion may have wondered about those "two IP bered many years later, Evelyn found out snot-nosed kids" who were always around, about this misdemeanor and marched her barely in view. boys to the circus grounds and told the Sometimes Dick and George Robert PR that her two little boys had played in the huge unused basement under sneaked into the circus and she wanted the store. When Herman Plesse had a dry them to work to repay the circus. The man Pt goods and grocery store, tokens with the ager ruined her object lesson by saying, business' name had been made which could "Hell, lady, all little kids sneak into the cir be redeemed for items on sale in the store. cus. It is expected." IP After Plesse sold to Farmers' Union, many of Bob and Dick learned to swim under these tokens were dumped in the basement. their mother's guidance. In practical fashion Dick and George Robert found them and iPK Evelyn Rogers took them to the narrow part spent many happy hours counting them and of the lake in the City Park, tied a rope playing with their new found wealth. around their middles to pull them if they On other occasions they played in the Pit needed help. Soon they were swimming timber along the bank of the Kansas River, without parental oversight. or went out to the farm of George Robert Bob and Dick did not usually play togeth Jones' grandfather, located on the edge of pit er. Bob's interests were academic and Dick's Wamego. There they rode his ancient horses, sports. They shared a bicycle and sometimes ages twenty-three and twenty-four. They both wanted it at the same time. Dick's best also visited other farms located on the friend during his growing up days in fringes of Wamego, sometimes getting Wamego was classmate George Robert involved in the grain harvest by carrying p) Jones. The Rogers' era in Wamego was not a water on horseback to the harvest crew. time of children's recreation organized by Remembered years later, in addition to the adults, so Dick and George Robert whiled Jones farm were visits to the Kaine, Julien, IP, away the long, lazy hours of summer vaca and Ayers farms. tions by concocting a variety of things to do. At times Dick played with Bob Stewart, One plan when about six or seven years of in the basement of the Stewart Funeral age was to organize the '"Northwest Detec Home. Bob's family lived in an apartment in tive Agency," inspired by Nancy Drew mys that building. While in high school, Dick SI teries and Saturday afternoon movie serials would go with George Robert Jones to the with police characters at the Columbian home of Helen Parsons, whose father was pi

pn 16 The Honorable Richard Dean Rogers

Robert Rex Rogers and Richard Dean Rogers about 1930. Both Bob and Dick have hand kerchiefs in their breast pockets.

president of the Kaw Valley State Bank, to acquired by the editor of the local newspa play a card game, Rook. per, who held parties to support political W. C. Rogers bought an island in the candidates in that remote setting. The Kansas River, near the bridge. Thinking it island disappeared in the gigantic flood of 1951. might be a fun place for his family, he built a small cabin on it and put two goats on the Once Dick, looking for something to do, island to keep down the weeds. The goats went up on the roof of the store building. He noticed two of the town loafers sitting in kept getting off the island by swimming across the river to Wamego where they had Railroad Park. He could hear one of them eqir Imidlv when n ca^ came up to the stop difficulty climbing up the steep river bank. The purchase of the island produced other sign, "travel on the green, travel on the problems—the land title proved faulty—it green, red will hold you, red will hold you." had been sold to several other people at the So he got a mirror and began flashing the same time. Eventually, the island was sun into their eyes. The loafers complained The Honorable Richard Dean Rogers 17

about Dick's behavior and his dad soon came ing him to be satisfied with the tips alone. charging up to the roof and ran him away So Dick got a similar job at the Wamego from a decidedly fun game. Drug Store, on Lincoln Avenue less than a Evelyn inspired Bob and Dick with a love block north of the Rogers store. This drug for reading. William C. Rogers was less store was owned by F. E. "Brownie" Stelzner, interested in reading for enjoyment; however who used his World War I bonus money to the family took the Kansas City Star and acquire the business and fix it up. Judge Times, in addition to the Wamego Times. Delmas Hill remembers that Dick wore knee These papers produced a total of fourteen pants on this job. Dick sat on a chair outside newspapers each week, so there was much the store, waiting for customers to park and ip^ to read for one to keep up with local and honk. He would take their order, go inside national happenings. In addition, Evelyn and bring their requests back on a tray spent many evenings, during the Wamego which was hooked to the side of the car. 3ft years, reading the poetry of Walt Whitman, Then he would get the payment, take it or Edgar Guest and other poets of that era. inside and return with change. Stelzner Bob and Dick's reading consisted of books looked out for his young "curb service boy," checked out of the school library or the more always paid him Saturday night, in addition limited city library. Many of the Horatio to the tips, and he earned the loyalty of his Alger books, most of the Tom Swift books, youthful employee. This seasonal job turned the Hardy Boys books, and the Nancy Drew into an active part-time position when Dick mysteries, as well as other children's clas reached seventh and eighth grade. sics were on their agenda. By the time they When Dick was twelve years of age he were in high school the boys were reading joined a new Boy Scout troop organized at all of the Richard Halliburton travel books, the Presbyterian Church. The Scoutmaster §F1 the non-fiction of John Gunther and biogra was the new owner of a local dry cleaning phies, such as those written by Emil Lud- shop. These Wamego scouts, like most scouts wig. Dick read Ludwig's twice. of that era, did not have uniforms, but wore There is no recall of playing checkers or white shorts and white shirts. The following cards at home. summer the troop went to Brown's Memorial Daily schedules, including getting up Scout Camp south of Abilene for a week. By and going to bed, were flexible and both Bob then Dick had passed the requirements for and Dick became "self starters" very early. Tenderfoot and for Second Class. Abruptly Both began jobs outside the Rogers store the troop folded—the Scoutmaster ran off soon after they moved to Wamego. Bob with another man's wife, and there was no worked at the Wamego Times, and by the one to replace him. Years later Richard D. |S$ time he was in high school he was operating Rogers easily recited the twelve parts of the the linotype. This position stimulated him to Scout Law: "trustworthy, loyal, helpful, i$S major in journalism when he attended col friendly, courteous, kind, obedient, cheerful, lege. At age eight years, Dick got a job as a thrifty, brave, clean and reverent." However, "curb service boy" at the Murphy Drug his scouting experience was short-lived. Store, owned by Clyde Moll. But Moll didn't Feeding two growing boys was no prob pay him, except at lengthy intervals, expect lem for Evelyn Rogers. Richard Rogers s^ 18 | The Honorable Richard Dean Rogers remembers going home after school to con House. By the 1930s he had a big house and J sume great quantities of crackers and milk, was the primary owner of the First Nation even before he ate supper. Apples were gen al Bank in addition to the Columbian Opera erally available from the nearby Glenn House, converted to a motion picture the Orchard, later owned by cousin Bill ater. He was no relation of William C. Woodruff. In season Bob and Dick crossed Rogers, which led Richard Rogers in later the Kansas river into Wabaunsee County to years to say we were the "poor Rogers" not eat watermelons. Typically, during the school the banking family in the big mansion. Political party activity was of little con year their noon meal was eaten in the Grieves Cafe, where they were allowed to cern for the William C. Rogers family during the Wamego years. Dick remembered the spend thirty-five cents. At times when eating at the Keller Cafe, Dick was sent on his bicy excitement of seeing "Doc" Brinkley drive up cle to pick up two boxes of cigars, generally in a huge touring car to a band concert in the "White Owls," from a local cigar salesman. City Park in 1930. Belatedly, Brinkley For this service he was given a slice of pie. entered the statewide race for governor, and When he was thirteen, Dick had a severe ran as a "write-in" candidate. Dick, almost case of scarlet fever and Ella Knecht, an nine years of age, was riding his stick horse and keeping time to the music. He remem employee in the Rogers store, made him a bered Brinkley in his white suit and recalled pink dessert which was much enjoyed. Thereafter, it was known in the family as that he acted and "looked like a god." Dick's "Ella K." Breakfast and supper found the grandfathers and great grandfathers had been solid members of the Republican family together, eating food usually prepared by the high school girl living with them. party—sometimes their party affiliation was Both Bob and Dick learned to drive the proclaimed in their obituaries. After backing family car from their parents. Dick, at age Republican candidates since he could vote, thirteen, received extra instruction from Joe William C. Rogers transferred his support to Murphy, an employee of the Wamego Drug the Democrat, Franklin D. Roosevelt, during PI51 Store. There he drove a Model A Ford for the Wamego years. He took his sons to hear J making deliveries to the Germ Hospital and FDR when he spoke in Kansas City in 1932, and he voted for him the four times he ran to other customers. The family car was used \ for president. After Roosevelt's death, J by Bob when it was his turn to drive other Wamego students to Kansas State College although he had nothing against Harry S. before the family moved to Manhattan. Truman, William C. Rogers gave his Rarely did Bob or Dick have the use of the allegience again to Republican candidates. car for dates when they were in high school. William C. Rogers followed and understood The Rogers name was well-known in political developments, but Evelyn Rogers ] was less pronounced in her political views. Wamego, primarily because of J. C. Rogers (HB9 who came to Wamego with money when the During the Depression years of the early town was only ten years old. He acquired 1930s, the Rogers store was just getting by. There was never any problem of having many large paintings used at the World's enough food for the family, but there was Columbian Exposition in 1893 in Chicago j and installed them in his Columbian Opera very little extra money. Accounts payable by 1 The Honorable Richard Dean Rogers 19 . ner structure and was the only three-story building on Lincoln Avenue. Built in the 1870s, it had housed a succession of busi nesses, including the First National Bank, Knostman's Clothing, a Candy Kitchen, and a Cafe, while either a Lodge Hall or living quarters occupied the second and third floors.3 Bob and Dick, in high school by 1935, picked rooms on the third floor, while the parents, and their country girl boarder attending high school, had plenty of space on the second floor in addition to living and dining rooms, and kitchen. The boys had to use an outside stairway which provided access to the third floor without going through the other parts of the apartment. So they considered it an advantage to have their own private stairway when they returned home late. Dick's favorite teacher in the Wamego school system was a Mrs. Beeson who taught seventh. He had no problems in doing fairly well with his courses, but he never took school work home for additional preparation. That was unheard of, no one that he knew Dick Rogers in front of the Wamego Drug ever thought of homework for school. Formal Store athletics in the Wamego schools began in seventh and eighth grades, where Dick played on the basketball teams, coached by customers, who really intended to pay, had Blanche Kaine, which won the county cham grown large. Neither Bob nor Dick received pionships. Blanche Huey Kaine's family in an allowance. Their outside jobs were Louisville had both a boys' and a girls' bas expected to provide them with needed ketball team, all in the family. spending money. By that time, both Bob and Dick had In 1935, William and Evelyn decided to been in the Wamego Juvenile Band for sev get out of the grocery business, reduce the eral years. Bob played trumpet and Dick size of their store and to concentrate on clarinet. A big trip every fall was a journey ladies ready-to-wear apparel. In making to the Topeka Free Fair. The band director, this move, they purchased the building, Virgil D. Belfield, also directed the band known originally as the Clardy Block, just made up of students at the Odd Fellows north of their store on the corner. This build Home, located west of Manhattan. At times ing occupied half as much ground as the cor the two bands were combined for the free PBJ

20 The Honorable Richard Dean Rogers PR fair trip. Dick had completed his first year in The Wamego Drug Store was also the high school when the Wamego Juvenile place for convivial conversation and good Band went to Topeka in 1936 to play in the cheer for many professional men in the com parade accompanying the official notifica munity. Their stories and indications of tion of Alf M. Landon as the Republican can their affluence impressed Dick with their didate for president. Realizing that the interesting lives. Two of these regular visitors parade route was very long and that band to the drug store were attorneys Delmas Hill members ranged in age from eight to eighteen, and Robert Kaul, who gave him the vision of B a "circus band wagon" was built by the local studying law as a career. Hill and Kaul Lions Club on the chassis of a truck so that advanced respectively in later years to the band could "ride" in the parade. positions as judges in the United States Dis The "curb service" job at the Wamego trict and Circuit Courts and the Kansas Drug Store became a year-round part time Supreme Court. job by the time Dick was in seventh grade. "Brownie" Stelzner had arranged his He began working all day Saturday and part Wamego Drug Store with nice booths in the of Sunday afternoon and evening, plus occa back. They proved to be ideal spots for drink (WSjM sional evenings each week after school. He ing pale or near beer, laced with alcohol or earned from $2.30 to $3.00 per week, with as whiskey, carried by the users in medicine much as $10.00 per week during the sum bottles. Officially, Kansas was a dry state, mer months. By that time his good friend even after the national repeal of the Eighteenth George Robert Jones had a weekly Amendment to the Constitution in 1933. allowance of $5.00, which kept things in per Not until 1937 did Kansas permit the legal spective for Dick—he had to earn his sale and consumption of 3.2 beer, and not allowance. By 1935 Dick was buying his own until 1949 was it legal in Kansas to drink clothing—often at O.B. Larson and Sons, beverages containing more than 3.2 percent just north of Fifth Street on Lincoln Avenue. alcohol. However, alcohol in far greater pro A suit there cost about $12.00 and Dick usu portions was consumed regularly in the (H5) ally lacked that much money. So he would Wamego Drug Store, in near beer and later pay part of the cost with weekly payments in grapefruit juice. A bootlegger named made each Saturday night until the clothing Bobby Sauers sold alcohol or whiskey from a was paid for. small building, no bigger than half a garage, The Wamego Drug Store, the Columbian attached to the back of the drug store. There Theater (used also for school assemblies and was no indication that bootlegger Sauers musicals) and Grieve's Cafe were the gath was having trouble with the law—it was ering places for Wamego's youth. Dick was assumed that the police and the county sher in the center of activity in his job at the drug iff knew what he was doing. For example, store. The large radio at Wamego Drug Store deputy sheriff Monty Finney had previously attracted many listeners during the base worked at the drug store as an unlicensed 1 ball season. Most residents of Wamego were pharmacist. He had to quit as druggist ) St. Louis Cardinal fans—Dick Rogers pre because of his lack of training. As a sheriff's ferred the New York Yankees because a good deputy he still hung around the drug store friend, Ben Hartloff, was for the Yankees. and must have known what was going on. PPI

The Honorable Richard Dean Rogers 21 Two of the regular users of Sauers' alco high school had his parents waited an extra hol in pale beer died suddenly and it was year before starting him in school. But, had llliB| assumed that the pale beer was the culprit. there been that delay, later developments in Thus, the later use of grapefruit juice, and his career would not have fallen into line in later there were other combinations with the way they did. IP something else. One of the social drinkers in Football in Wamego had a history going the Wamego Drug Store was a dentist, a Dr. back to 1883 when a teacher there got a Huey, whose office was upstairs. Richard group of bigger students together, explained |PP| was intrigued about Dr. Huey's ability to the rules one morning and gave them an spin a coin on the counter and he learned opportunity to play. "The game was so inter IP the art of spinning coins the same way. Dr. esting that the students were allowed to Huey was unmarried and regularly dated play the rest of the afternoon. During the two of the nurses, whom we'll call Betty and afternoon session the ball was kicked into Virginia, who worked at the Genn Hospital. the yard of an enraged lady who punctured When Betty worked nights, Dr. Huey dated it with a butcher knife. That was the last Virginia; when Virginia worked nights, he play of the game."4 When the rural high (SP) dated Betty. He would bring his date to the school for Pottawatomie County district drug store; they would drink together for number 1 was formed in 1887, the only sp awhile, then they'd go upstairs to his office. course offered was the preparatory course The drug store had a marble machine that for college. Other changes in course offer Dr. Huey played for hours at a time. He was ings came through the years and the student f^| also a sports enthusiast. At times when a body in 1896 grew to about one hundred. Wamego high school team won a game, he Athletics was started at the high school gave Dick a dollar. Dick assumed that the about 1900. ■EJ dentist had just won a bet on the game. Through the years the Wamego Consoli School activities for Dick Rogers' senior dated Rural High School had excellent

M^ year in Wamego Rural High School can be teams, which competed with neighboring, more easily reconstructed because of the generally smaller, schools. By the 1930s, scrapbook prepared for Dick's best friend, Red Raider football teams were outstanding IP George Robert Jones, by his sister "Kak", or under coach W. E. "Pee Wee" Grout, a grad Kathryn. After Jones was killed in 1945 on uate of Washburn. Grout also coached bas his twenty-fifth mission as a bombardier fly ketball in the late 1930s, and while the IP ing out of England, the scrapbook was given teams gave a good account of themselves, to Rogers. the players were not well coached, and since Extracurricular activities, such as most of them had played football in the pre sports and music, took much of Dick's time. vious weeks, they were not ready to play a He was younger than any other boy in his disciplined game of basketball. Earlier the Ifl class. Nevertheless, by the time he was fif basketball coach had not coached football teen years of age he reached his full height and Wamego teams had greater consistency and was playing on the high school football and balance. IP and basketball teams. Born on December High school football, as played in the 29, he would have been a better athlete in 1930s, differed greatly from the game that

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22 | The Honorable Richard Dean Rogers developed later. Lighting of football fields The rules in use in Kansas high schools had just been developed for night games and, did not permit substitution of more than consequently, many of the games began Fri three players at a time, except at quarter day at 7:00 p.m., instead of the middle of the breaks, when an entire team could be sub afternoon. Admission prices varied from ten stituted. If a player left the game he could to twenty-five cents. Wamego's squad began not return until the next quarter. Thus, the the 1938 campaign with ten returning letter- defensive team was generally the same men, all seniors, and twenty-two other play team as the one engaged in offense. These ers. Playing surfaces were poorly taken care rules had some influence over maintaining of and generally the team practiced all week the best team on the field throughout the on the same turf. A practice or game on rain- game. soaked grass would tear up the surface, so When Dick was a senior, in 1938, he gen that most high school football grounds in erally played left halfback. Wamego won the Kansas had less and less grass in the center Jayhawk League championship with the fol of the field as the season progressed. The lowing scores: surface was often muddy or was crusted, Osage City 24 to 0 hard earth. Shoes were typically cleated with Onaga 33 to 0 built-up leather cleats. Football uniforms Frankfort 37 to 0 were heavy, shoulder pads and hip and thigh Eskridge 18 to 0 pads might be leather or of heavy composi Seaman 13 to 12 tion construction. Helmets were leather, Alma 19 to 0 with harder, composition helmets making McLouth 40 to 14 their first appearance in the late 1930s. A Topeka Catholic 19 to 0 team would have a few new footballs at the Highland Park 6 to 0 beginning of the season, with the best being TOTAL 209 to 26 reserved for home games. Running plays Newspaper accounts for the nine games were emphasized, the pass was an infre played by the 1938 Red Raider team show quent offensive weapon, but still important. Rogers being mentioned more than twenty Offensive formations had not yet been times. These were mostly for making touch devised that started almost every play with downs or for intercepting passes. Had he the quarterback receiving the ball from up been the best lineman around, he would not under the center. Generally the ball went have gotten such publicity. It went to the directly from the center to the back who player who handled the ball. He was identi would put it in play, although some decep fied as a "hinge-hipped Wamego backfield

tion had been developed where linemen star," in the Topeka Catholic game, when he FIWI) would double-team an opposing defender or made all three touchdowns, two by runs, where linemen would pull out to lead the and one in receiving a pass. Altogether for offense. Kicking was not highly developed, the season, he made eighteen touchdowns, punting was generally done by one of the roughly half of the team's points for the backs already in the game. Few Kansas high year. Yet, when asked at the season-ending fiHH school players weighed more than Dick football banquet to name his most important Rogers did as a senior—170 pounds. football memory, he recalled a team effort,

fiWB The Honorable Richard Dean Rogers 23

" r

Dick Rogers was #11 on the Wamego High School football team

r "When I saw Ernest Bussart kick the win the league's All Stars selected by the coach ning point to beat Seaman 13-12." In that es, along with teammates George Robert r game Wamego was behind until the final Jones, Ed Edwards, Eugene Stone, and minutes. Another high point could have Ernest Bussart. Later, Rogers was selected been the victory against Highland Park, by the Capital for its All-State third team, which was preserved when Rogers inter along with two classmates who received cepted a pass on the goal line. This was honorable mention. Wamego's first unbeaten, untied football Early in his football career, as a sopho team since the 1922 season. The football more, Rogers injured an ankle severely. It year, 1938, brought Richard D. Rogers his gave him no major trouble—until sixty third football letter—all played as wingback years later. His major football injury came or left halfback. in the Topeka Catholic game as a junior. The season ended with the Third Annual While playing defense, he was with his Football Banquet, sponsored by the Wamego arm extended in such a way that his left Lions Club. Additional recognition came at a shoulder was dislocated. It did not bother chili supper given by Mr. and Mrs. Glenn him as a senior, but it went out again when ■ Stewart, Mr. and Mrs. Harry Graham and he dove into a lake that summer. That Mr. and Mrs. Wesley Grout. injury would plague him later. At the conclusion of the season, Dick The basketball season of 1938 was a Rogers, as left halfback, was named captain memorable one for the Wamego Red Raiders. of the 1938 First-team All Stars of the Jay- Dick Rogers was a first team guard on a hawk League, selected by the Topeka Daily senior-dominated team which won the coun Capital. Dick was also on the first team in ty championship and the Jayhawk League. 24 The Honorable Richard Dean Rogers

Wamego's championship basketball team when Dick Rogers (#21) was a junior

The basketball result of 1939 was not third year he had gone out for the team. nearly so good, still they had a ten won, four In the 1930s, the beginning of a basket lost season, and tied for third in the Jay- ball game and the start of play, following a hawk League. Rogers and Jones represented score, began with a center jump. Dick Wamego on the first team Jayhawk League Rogers during his senior year was five feet, All-Stars. In the County Tournament, eleven inches tall, not the tallest on his Wamego won its first game then lost to team, but he was the best jumper. So he Havensville. They fared no better in the Dis jumped center and tried to get the ball to trict Class "A" Basketball Tournament held George Robert Jones, who would take it in in Wamego, where five of the eight teams for a basket. Outside the center jump, were from the Jayhawk League. Dick Rogers played guard. The two biggest scor received his second basketball letter in this ers that year were Jones and Rogers. Refer- jifSl

The Honorable Richard Dean Rogers 25

P^ ees viewed basketball as a noncontact sport, Buzz, a mimeographed paper put out for two and a player touching another player could cents per copy by the combined efforts of the i|W| be called for a foul, an infraction of the rules. journalism class and the typing class. Some Four fouls and a player was out of the game. of this copy was sent to Wamego news Organized plays were seldom used. Play was papers. In one issue, Rogers appeared in the not hurried by a clock. The area near the section entitled, "Who's Who in the Senior basket could be patrolled by a defensive Class." It said that he had been in glee club team, unencumbered by a later rule which all four years, and had appeared in five allowed only three seconds for an offensive operettas, that he had a speaking part in player "in the paint." One team, if it had last year's play, and that he had "been on good ball handlers and a tall center, could the honor roll many times." Also, Dick was control the ball for the entire game. Most vice president of his freshman class, presi games were low-scoring, with Wamego's dent of his junior class, and he was the IPl high score usually in the 20s or 30s, however "handsome Romeo of the senior class," one game in 1939 did get to 55. whose favorite teacher was W E. Grout, and Wamego High School's daily schedule was that his ambitions included going to college ifpj from nine to twelve and from one to four. and studying law. Classes began the day after Labor Day in Dick Rogers, as the "handsome Romeo," ip\ early September and concluded late in May. dated many of the girls in high school. He Fall holidays came on Armistice Day, was attracted by Beth Stewart, but there November 11, and on Thanksgiving Day, the were limits to her socializing. She could not last Thursday in November. Almost every be out late, she spent much of her extra time year football games were played on the on her music—"her mother ran a tight ship." afternoons of these holidays. Christmas and As "a bit of a rounder" because he joined in New Years came in a two-week vacation partying with older people who drank, Dick r each year, and Lincoln and 's had the feeling that Beth's father did not

'#pi birthdays might be observed in February, approve of him. Harold Stewart had valid but ordinarily they were not school holidays. reasons. Dick Rogers belonged to the drug Generally, a student enrolled in four hour- store crowd at too early an age. Later his long classes each day and had an assigned view toward Rogers as a prospective son-in- study hall. An activity period allowed partic law became more cordial. The Stewarts were ipation in band, or chorus, or clubs. The an old family in Wamego, they had money Wamego high school faculty in 1938 num and at various times, members of the family bered fourteen, and the student body for this held important positions in city government. So he dated Janie McMillian, Margie Dodds ipD four-year high school was about 250. During his high school years, Dick and others who were good dancers and they Rogers was a member of Hi-Y for four went to dances in the nearby communities of jjpl years. Hi-Y, the high school equivalent of McFarland, Onaga, and St. Marys. By the YMCA, had a large membership of about time high school commencement came sixty Wamego high school boys. He took around, Beth and Dick appeared in pho *jp journalism his senior year and served in tographs together, so some sort of under various editorial positions for The Wamego standing appeared in the offing.

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Sip) 26 The Honorable Richard Dean Rogers The new Wamego Consolidated Rural school year with a meeting for the seniors High School building was completed in 1938 and their parents. The cost of hiring a thir in time for classes to be held in that new ty-six passenger Santa Fe Trailways bus place on North Lincoln Avenue. It was built was $1,375.35. Two additional cars would during 1937 and 1938 under the auspices of accompany the bus, one pulling a one wheel the Public Works Administration, which trailer to carry donated food and an ice box. paid 45 percent of the $180,000 cost of construc Each of the forty seniors making the trip tion. PWA was the federal government's pro paid $2.00 per month during the nine month gram to put the heavy construction industry school year, producing $720.00. Additional back to work, and was different from Works money was raised through a variety of Progress Administration (WPA) which was a school activities, including the senior relief program organized to provide jobs counter at athletic events, the sale of Min using minimal skills. After some five months strel tickets, the sponsoring of dances, and of use, the new building was officially dedi the presentation of two, one act plays. The cated on February 1, 1939. Open house was program in the intermission between the held in the afternoon and the dedication plays included the girls sextet, a solo, "The ceremony was held in the evening. The class Angels Sing" by Dick Rogers, and the boys of 1939 was the first to graduate from this trio, with piano accompaniment provided by building. Beth Stewart. Special sales at area busi puns The Wamego high school Junior-Senior nesses also produced income. For example, I Banquet, with the theme "In Mother Goose "Senior Day at the Wamego Drug Store," on Land," held in the high school gymnasium, May 27 featured either pie or cake a la came on May 12. Following the meal, there mode, with the senior class sharing in the was a program and a dance. Commencement fountain proceeds. week began with a Sunday morning Bac Overall cost was substantially reduced J calaureate held in the gym on May 28. The by the tour group stopping each night at a commencement on June 2 for the Class of school, where they were housed in the gym. 1939 was the first Wamego graduation to In case no school was found, they had two use caps and gowns. Included in the pro large tents to accommodate everyone. Each gram was a Trumpet Trio, with Beth Stewart member of the group took a folding cot, blan as one of the trumpeteers. Only one boy was kets, and necessary clothing. Articles for listed among the nine honor students whose everyone to take included: a "good disposi pwwi grade averages were above ninety per cent. tion that will last one full trip, ability to give Dick Rogers' grade average for the four and take without crabbing, [and] realization years was about eighty-nine per cent. The you are responsible for your clothes & Class Motto, appropriate for this era in money." A schedule was worked out. The national history was, "Tonight we launch, Kansas governor, , assisted in where shall we anchor." writing letters to boards of education for An unusual activity for the Wamego high overnight stops and by "obtaining permits to school class of 1939 was the year-long plan go through the different states without pay ning for a sixteen day, 4,000 mile trip to the ing a license fee." Five chaperones accompa west coast. Plans got underway early in the nied the party. A night letter was dispatched

pw^ The Honorable Richard Dean Rogers 27

Wamego and the support given to the senior class. It also described the overall success of the class in raising five hundred dollars more than the cost of the bus trip. That money would buy an evening meal each day—the other two meals would be prepared from food taken in the trailer. One of the story's paragraphs was headed, "Not Ner vous, But Thrilled," and it said, "Shortly after visiting the bus, Dick Rogers, cool and deliberate halfback on the school's football team and one of the travelers, was back at his job of jerking sodas. When asked if he was nervous over the imminent journey, he replied he wasn't. But he did volunteer it was his first trip away from Wamego, for brief jaunts to nearby towns to play foot ball. No, Dick wasn't nervous. Hadn't he just said he wasn't? But his shaking hand almost spilled the limeade and he rang up the same dime twice when he dropped it into the cash register."5 Following a Sunday evening parade hon oring the just-graduated seniors, the trip got underway early on Monday, June 5, three days after commencement. The first day's journey was to Pampa, Texas, the only time r they went farther than five hundred miles. The next day they saw Carlsbad Caverns and stopped overnight nearby. El Paso, with r Dick Rogers and Beth Stewart, graduates a side trip to Juarez, Mexico, occupied day of Wamego High School three. The fourth day they got to Mesa, Ari zona, and the next to , . to Wamego at each overnight stop, where it A week was spent in the Los Angeles area, was posted in a business window. Also, a let including a side trip to Catalina Island. The ter was airmailed to a Kansas City newspa return stops included Las Vegas, Nevada, per each day by the class valedictorian. Grand Canyon, and Holbrook, Arizona, r The Kansas City Star picked up the story Albuquerque, , and La Junta, and gave it extended coverage, showing pic . In its follow-up story the Kansas tures of the class standing before the bus, a City Star counted seventeen newspapers map of the route, and the chaperones. This which had printed accounts of "the trip." r story was glowing in its description of Through the years, the Class of '39 recalled 1 28 The Honorable Richard Dean Rogers their post graduation trip. When the sur Bob traveled twenty miles to Manhattan vivors showed up for their 50th class with other college students from Wamego to i^H reunion on July 2,1989, the local newspaper attend Kansas State College. He had a small featured their story with much space devoted job in a student grant program. As an advanced Reserve Officers Training Corps to that journey through eight southwestern pn states.6 (ROTC) student, he received an occasional Once graduation and the trip were out of stipend. William C. and Evelyn helped Dick the way, plans were implemented for the make up his mind when they decided to coming year. Some Wamego high school close the Wamego store and move to Man graduates took full-time employment, oth hattan. Then both sons could live at home, ers planned to go to college, and several reducing primary expenses in going to col (P*WM| went into the armed forces. Dick Rogers lege. Kansas families had helped their col wanted to go to college, but he did not know lege-bound children in this manner for at where when asked earlier in the year. He least half a century. Many parents made the considered University of Kansas and Wash big step of moving their family to a college burn, because of their law schools, but it town to provide low cost lodging and food for soon became clear that he lacked sufficient members of their family. Often it involved funds to go where his parents did not live. the breadwinner seeking a new job—at He had saved about two hundred dollars for other times the move could be made without P§M college expenses. For two years his brother such a major change. 1

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The Honorable Richard Dean Rogers | 29

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- C h a p t e r III K-State and World War II

A fter four years with Rogers' ladies ready-to-wear on Lincoln Avenue in Wamego, m L\ William C. and Evelyn Rogers decided to close the business. They moved to L JL ^Manhattan to assist their sons with their college expenses by being able to live p at home. At first that was an apartment at 527 Moro Street. Evelyn got a job in ladies ready-to-wear at Stevenson's, and a short time later she began work in a similar department at Cole's. Both Stevenson's and Cole's were located on the south side of the ESI _^_. 300 block on Poyntz Avenue, the city's main street. There she was employed the remainder of her working days. William C. had a harder time locating work. Eventu- ■«w ally he became a route distributor for a cookie company. The family soon moved to a small rented house at 1031 Poyntz Avenue, eater-cornered from the southeast corner of the City Park. In Manhattan they had a dial telephone for the first time - the com Sp| munity had such phones for half a dozen years. Their number on Moro was 2-8298, changed to 2-8200 on Poyntz. B^ Dick's skill in football was known. He was invited to try out on the freshman foot ball squad by Kansas State College's head coach, Wes Fry. Freshmen did not play in the Big Six Conference. Generally they were coached by a recent graduate and were employed as the opposition team to practice against the varsity. There were no foot ball scholarships in that era, so the coach got a job for Dick for the remainder of the summer of 1939 at the highway laboratory in the Division of Engineering. The Rogers family had moved to a much ence from the balance of the sexes in high larger community than any they had lived school. Most K-State students faced a simi- in before. Although its city area scarcely lar situation, confronting much more academic exceeded the two square miles laid out in competition than they had faced before, the late 1850s, Manhattan had a 1940 popu- Eventually the Rogers family had two lation of 11,659. The 1939 student body at cars in the household, a small red Chevrolet Kansas State College for the first time num- coupe with a rumble seat, which Evelyn bered more than four thousand, a consider- drove to work, and another for William C. to able difference from the two hundred fifty at enable him to do his sales work. When the ip Wamego high school. Two out of three K- store building was sold in Wamego, William State students were male, a major differ- C. took his small equity and bought a better

iiiijs^ 30 The Honorable Richard Dean Rogers used car. Dick or Bob could borrow the coupe $5.00 was charged for student health and at night for dates, but they had no daytime $7.50 for student activities (which paid for use of an automobile. To get to the K-State attendance to all sports and cultural activi campus they walked from their home on ties on campus.) The total semester fees for a first time in-state student was $64.75 and Poyntz by diagonally crossing the City Park (m$&i and entering the campus either at the Blue- $54.75 for returning students. The money mont Avenue gate or the gate on Anderson equivalent more than fifty years later would Avenue, just west of Fourteenth Street. increase that 1939 amount by at least ten K-State's two- and three-story limestone times; fees in later years verify such a buildings occupied forty-five acres that had comparison. become the campus in 1875 when a move Book costs varied, but an average fresh was made closer to Manhattan from its orig man student in General Sciences could inal site on College Avenue. The library expect to spend $20.95 for the first semester psjwffis building had been completed in 1927 and and $4.00 for the second. New or used books both sides of the stadium, with accompany were purchased in two private book stores in ing locker rooms and football offices, were Aggieville, just off campus. The military uni enclosed with substantial stone walls in the form for freshmen and sophomore men tak 1930s. The newest structure on the campus ing the required courses in military science was massive Willard Hall for physics and was provided by the U.S. War Department at chemistry, put into use in the first year Dick no cost. It looked the same as woolen army came to K-State. Everything else, even the enlisted uniforms, except that the lapels were trees and landscaping, was of pre-World made of blue cloth. Rifles for use in close- War I vintage—four of the buildings were order drill were locked in racks in the gym 1 erected in 1876 or earlier. and were available at the time of weekly drill. Registration for students at K-State was There were other minimal expenses, such held in Nichols Gymnasium, with most of as rental of a post office box in Anderson Hall the three hundred faculty there to handle (which could be shared with other students) psfli the chore. The wooden gym floor was cov at a cost of 35 cents per semester. There was ered with sawdust, tables and chairs filled no extra cost for the biweekly student news much of the space, and students went to paper, the Collegian, or for the student annu assigners in their curricula, Bob to journal al, the Royal Purple. They were paid with ism and Dick to business administration. the activity fee. However, a student paid a Both were in the Division of General Sci small amount to have a picture taken for the 1 ences. Registration for the eighteen-week annual in Aggieville at Studio Royal. Dick J semester for new freshmen took place on did not get a picture for the annual's student September 8. Classes met for the first time section the first year he was at K-State. Use on Wednesday, September 13. of one of the two campus public parking lots Each new student at K-State paid a one was available without a permit, as few stu time matriculation fee of $10.00. There was dents drove cars. Most of the faculty and no tuition. Instead of tuition there was the staff also walked to the campus. There was a fiction of a semester incidental fee of $25.00 single campus cop, Harry Morris, and he had and a laboratory fee of $17.25. In addition, no student assistants. The Honorable Richard Dean Rogers | 31 i$S) Upper class athletic lettermen sold used in building highways throughout the freshmen purple and white beanies to enter state. While on that job, Dick became ing male students for $1.00. They insisted acquainted with John Conwell, who kept that beanies be worn on Fridays before foot cows on his land somewhere west of the sta ball game days and enforced their rule with dium. The Rogers family purchased milk in wooden paddles. They also discouraged the big jugs from Conwell for home consump appearance on campus of letter sweaters, tion. Later Dick worked on the "stadium other than those won in K-State athletics. gang" under legendary groundskeeper Emil So Dick could not wear his W letter sweater Miller. Pay for both of these jobs was thirty for his excellence in Wamego high school cents per hour, about average for student football and basketball. jobs then available. Again, a multiple often If a student opted to join a fraternity or or more would produce the minimum wage sorority, there were additional expenses. of some fifty years later. IP\ The Miller family in Oberlin had known the Also in the stadium gang was "One Man Rogers when they lived there, and through Gang" Elmer Hackney, outstanding full them Dick was recruited by Beta Theta Pi back, shot putter and heavyweight wrestler fraternity, which had a fine, new house at from Oberlin. If he had the chance, Emil 500 Sunset Avenue. Since he lived with his Miller enjoyed bawling out his stadium gang ip^ parents in Manhattan, he was a "town boy." in front of other students, and at the same His frat costs were much lower because he time he loved to roll the dice and gamble ate only one meal a week at the house. How with football players. Dick, who had no pH ever, even that was too much for Dick's lim money, would be posted near the stadium ited budget. So he mowed the grass for the pylon to watch out for Athletic Director Mike Betas during the summer and on weekends Ahearn, whose office was several hundred and did other work to pay his initiation fees yards away in Nichols Gymnasium. When and other costs. He felt out of place with the he saw Mike leave the gym, Dick would ipH Betas—most of the pledges and actives sound the alarm and everyone would be seemed to have much more money and fam busily working when Mike arrived. ily position than the Rogers. Close friends at Emil had an old stripped-down Chevrolet the Beta house included Bob Floersch of which he used as a truck to grade the cinder Manhattan, whose father was president of track and to haul fertilizer for use on the the Union National Bank, Pat Sauble from 'fftl gridiron. Hackney and Rogers found out Newton, Dean Porter from Mt. Hope, and that empty fertilizer sacks, when lit, would Dave Lupfer from Larned. put out a dense black smoke but not flare One reason for Dick Rogers pledging a up. So when Emil was about a hundred fraternity was that Beth Stewart became a yards away, they opened the hood of the car pledge of Kappa Kappa Gamma. Enrolled in and put a lit sack under it. They acted like Music Education, she lived in the sorority the vehicle was on fire and they were trying her second and subsequent years at K-State. to put it out. Emil saw the smoke, ran as Initially, the football coach had gotten a fast as he could, got a charlie horse, and was job for Dick Rogers in the Highway Lab in mad as a hornet when he found it was a Seaton Hall, which tested concrete samples prank. He seemed incensed enough to kill ijjpl

W^\ 1 32 The Honorable Richard Dean Rogers

Rogers, but the giant Hackney was there State were Merv Harbaugh in zoology and and nothing happened, except he worked Ed Bagley in economics. them extra hard the next two days. In days In this time prior to "grade inflation," a CTB of low cost land, Emil Miller put money into grade of A was defined as the top five to ten property on Manhattan's perimeter and was percent of the class; As and B's together a wealthy man when he retired. were expected to go to no more than twenty- Another member of the stadium gang five percent; C's went to fifty percent; and was freshman Bernard Rogers, outstanding D's, Condition and F's went to the bottom hundred and two-twenty dash man from twenty-five percent. Thus, a C was consid Fairview. Rogers received an appointment ered a "gentleman's grade." to West Point at the end of his freshman Generally at two week intervals there year. After graduating from the U.S. Mili was a one hour convocation in the auditori 1 tary Academy, Bernard Rogers had a um. Most classes were cancelled for that lengthy career in the army which led to the period. However, the old, creaky auditorium rank of four star general and commander of could seat only half of the student body, not NATO forces in Europe. counting faculty and staff, so none of these K-State in this era emphasized three gatherings were compulsory. There was no hour courses—in which a student attended student union at K-State, so student hang three fifty-minute lectures each week. These outs, such as The Canteen, or The Palace, PfflB could come on a Monday, Wednesday, Friday were bustling places during student convo schedule, or for mornings could be Tuesday, cations and at many other times. Moreover, Thursday, Saturday, because classes were smoking was not permitted on campus—so a offered five and one-half days each week. student with the habit crossed the streets Ten minutes were allowed to get from one bordering the campus to light up. PBi| class to another, barely enough time to get Attendance at athletic events, such as across campus. Dick opted to take the five football, basketball, swimming, wrestling, hour beginning algebra course because he track and field, and baseball was already fimm, was aware of his lack of mathematics prepa paid by holders of activity tickets. Similarly, ration at Wamego High School. This class the cost of musical events and plays in the met daily, Monday through Friday. Labora auditorium had been prepaid by the activi tory classes met three times as long for each ty fee. Student vacations during the fall hour of credit. For example, a two-hour lab semester included Armistice Day, November class met twice a week for three hour-long 11, which was a Saturday in 1939, Thanks sessions. A typical student assignment for a giving holidays were from November 29 to semester was for fifteen or sixteen hours. December 2, and the Christmas vacation lasted from December 20 to January 3, Classes were generally no larger than 20 to J 35 students, and most faculty taught twelve 1940. Semester exams took place from Jan to fifteen or more hours each week. Dick uary 23 to 27 and the second semester reg liked his history classes, particularly those istration got under way the last two days of J taught by C. M. Correll and Fred Parrish, January. Washington's Birthday, Thursday, and the government course taught by I. Vic February 22, was a holiday, and Easter tor lies, but his favorite professors at K- vacation began the evening of March 21 and

Wlfi The Honorable Richard Dean Rogers | 33 ended the evening of March 25. Baccalaure earlier years. It was rumored that Hobbs ate took place on May 26, commencement Adams had been hired virtually sight followed the next day and the second semes unseen by the Athletic Council, under the ter was over. mistaken impression that he was an alto Although freshmen did not compete in gether different Adams. pH athletics in the Big Six Conference, the Head football coach Hobbs Adams frosh, more than a hundred in the fall of installed a different offensive style and he 1939, were coached by Owen L. "Chili" began to notice Dick Rogers, aspiring sopho Cochran, a football star from a few years more halfback, who had gained some ten earlier. He installed the offensive and defen pounds over his high school weight. He was IP sive style employed by Wes Fry, the head listed on the second team in several news coach. Occasionally, a team of freshmen paper stories. Dick developed close friend was used as the scout team to run plays the ships with others on the football squad— 'im opposition team was expected to show in the Charles Kier, Gene Snyder, Fritz Gwin, and next varsity game. Freshmen got into game Lawrence Duncan. He admired football situations twice each fall when they were backs Ray Rokey and Chris Langvardt—and divided into two squads, the purples and the at times in the season he was Langvardt's whites, to battle each other. Dick Rogers backup. On occasion he would be inserted 'WS numeralled—the frosh equivalent of a letter. into a game to give Langvardt a breather. He received a purple sweater with a modest- For example, he played in the first two sized white 43 for the year he was to gradu games against Emporia State and Colorado. ip ate. During the spring semester, freshmen In the game played at Colorado, Rogers were invited to participate in spring practice and Kier were in the defensive backfield at with the varsity, and there their talents the same time. Colorado threw a pass, could be more easily assessed. Football prac Rogers and Kier ran into each other in an tice in the late thirties and early forties effort to intercept and the Colorado player ■pl\ often ended after dark and involved much caught the pass for CU's only touchdown. standing around, watching one team go Because the game ended 7 to 6 in Colorado's through a play. There were only three or favor, Adams repeatedly brought up this four football coaches, and generally the var "dumb play" in Monday's practice. Rogers sity squad numbered less than fifty, as most substituted in the Missouri game and was of the freshmen no longer saw an opportuni on the traveling squad in the Oklahoma ty for them to play. game, and played in the win over KU— Dick Rogers felt that Wes Fry was a good which brought a school holiday on Monday. coach and he looked forward to playing for pp Then in the week before the game at Michi him—but that was not to be. Fry resigned to gan State, Rogers dislocated his shoulder for go elsewhere, to be succeeded for the 1940 the second time at K-State. "St season by John Harold "Hobbs" Adams, who The Kansas City Star had a picture and had formerly played at the University of a short story about the injury, stating, "Dick . Adams brought a line Rogers, sophomore halfback on the Kansas coach with him and used "Chili" Cochran as State football squad, suffered a severely dis his third coach to provide transition from located shoulder in practice today [Oct. 29] 34 | The Honorable Richard Dean Rogers and was taken to the college hospital. performance that he squeezed Rogers in. »2 Rogers, rated by coaches a potential star, Rogers did not play against South Car will miss Saturday's clash with Michigan olina, nor against State or Nebraska, State in East Lansing."1 Briefly the Colle who was bound for the New Year's Day Rose Bowl. However, he had eaten at the training gian reported in similar fashion that the (PWIJ "promising sophomore" was hurt this week table all season which provided a substantial in practice and in the story of the team leav evening meal after practice and a heavy ing for Michigan was the sentence, "The meal prior to each game. Early in the season only sophomore to crash Adams' starting the training table was in the college cafeteria line-up this fall, halfback Dick Rogers was in Thompson Hall. During the Thanksgiving left at home with a dislocated shoulder." vacation it moved to Pines Cafe in wsw Many years later Judge Rogers remem Aggieville. Since there were no athletic bered that when he was taken to student scholarships, that was the only benefit for health—in a large, stone house, built even being on the varsity squad, except for one before the campus was located around it— ticket for each home game for each year on he was placed on a table. The doctor the varsity. Rogers slightly injured his assigned his student assistant, who was shoulder again—it was the fifth time counting majoring in veterinary medicine, to put Dick the initial injury when he was a junior in under with ether so they could put the high school—and he decided to give up foot shoulder back in place. The doctor went into ball. Because he did not have sixty minutes 1 another room while the ether was to take of playing time in the 1940 season he did not effect, the vet student fainted, and Dick got receive a football letter for his efforts. He BUfflUS off the table to let the doctor know that his does not remember this period in his life as a happy time, due in part to his foot helper was flat on the floor. WB During the following week when the ball injuries and his being hard up for traveling squad was announced for the money when others around him seemed to game at South Carolina—a trip that took want not. some 44 hours by train—there was the Since he was not out for football, Rogers longest newspaper account of Rogers' foot was no longer on the stadium gang. He ball career at K-State. It said, "Included sought a job at the Manhattan Mercury and among the boys is Dick Rogers, sophomore Chronicle, where he knew Richard Seaton, halfback, who dislocated his shoulder the son of the owner and publisher. Seaton put week before the Michigan State game. Given him to work on the front desk where he sold 1 no chance to make the trip, Rogers reported advertisements and wedding announce to practice Wednesday, for the first time ments. He worked about six months there, since his injury. His arm was taped tightly part of the time on night duty with the -\ to his side to keep him from reinjuring his morning Chronicle. shoulder. The Wildcat halfback made sever Then Harold Mason, a close friend and a al fine gains through the first string team, fellow business administration student caught some beautiful one handed passes, arranged for another job for Rogers. Mason applied battering blocks and thudding tack was the head operator (projectionist) for les. Coach Adams was so pleased with the Commonwealth Theaters—the three

fflPPI The Honorable Richard Dean Rogers 35

K-State. A more hurried schedule was inau gurated, which included enrollment throughout the summer of 1942, and Dick graduated early in 1943. The bombing of Pearl Harbor by the Japanese on December 7, 1941 was a unique and unifying event for the one hundred thir ty-three million people then living in the U.S. Each person past infancy can remem ber how they heard of the Pearl Harbor bombing and what they were doing at the r time. Richard D. Rogers was at home that Sunday. Brother Bob, a Second Lieutenant in the Infantry, was home on leave from his post at San Antonio, Texas. He left immedi ately to rejoin his division. Robert Rex Rogers majored in journalism at Kansas State, learned Spanish so that he could speak and write it, and was in advanced ROTC. When he graduated in July, 1941, he was commissioned a Second . ^fll Lieutenant in the infantry and sent to the Second Infantry Division stationed at Fort Sam Houston in San Antonio, Texas. When Dicfe Rogers, K-State halfback, 1940 the war broke out, his knowledge of Spanish caused the army to move him to the role of a censor of Spanish materials. Later he was r downtown movie houses in Manhattan. sent to Caribbean islands where Spanish Harold arranged with David Dallas, manag was spoken and to South America for the er of the theaters, for Dick to serve as a relief duration of the war. While stationed in operator. He worked mainly at the Carlton Brazil he also learned the Portuguese lan Theater, then located a block south of the guage. post office. It was regarded as a fine job for Robert Rex Rogers opted to remain in the r a college student since one could study dur army after the war ended even though he ing the time between reel changes. Rogers' had to take a cut in rank to master sergeant. grades improved greatly over his first three Traditionally, the military has not provided semesters, when he was trying out for the recognition for people with knowledge of a football team. He continued with ROTC dur variety of languages. Robert was married to r ing his junior and senior years, and condi Marie Lane in 1948 and had two children, tions changed immensely for everyone with Rex Lane Rogers and Eva Marie Rogers.3 the outbreak of World War II in December, When the began, Robert was in 1941, during Dick Rogers' fifth semester at Japan. His unit was quickly transferred to 36 The Honorable Richard Dean Rogers

Korea and after MacArthur's end-around maneuver at Inchon, South Korean, Ameri can and other United Nations forces pushed the North Korean army far to the north, almost to the Yalu River when the Red Army of China entered the fray. Robert's unit was barely able to escape from the Chinese over a narrow route, and the Korean War settled down to a long battle of attrition near the 38th parallel. After twenty years in the army, Robert retired to where he taught for two years in the Mount Dora high school. Then Harold Mason and Beth Stewart with Dick he took a position in the Social Welfare Rogers in a picture taken after Dick trans Department of the state of Florida where his ferred to the Army Air Corps knowledge of the Spanish language was helpful. He remained in that position for twenty years and retired for a second time. graduating male students had at least 124 Richard D. Rogers, like his older brother hours of required credit, four hours more before him, took four years of ROTC. than female students. Kansas State was a land grant college, a Advanced ROTC for the junior and recipient of the Morrill Land Grant College senior years was available to those accepted Act, passed early in the Civil War in 1862. into the program, and students received One obligation of all land grant colleges was three hours credit for each of four semesters. to offer instruction in "military tactics," Between their junior and senior years, which came under various guises prior to advanced ROTC students were required to establishment of a national program of successfully complete a summer camp in ROTC shortly before the United States their army specialty. They were then com entered World War I. For years, the first missioned Second Lieutenants in the U.S. two years of ROTC was strongly recom Army upon graduation. mended for all male students. Students, such as Richard Rogers, who Strong agitation to make ROTC optional were in the midst of their advanced ROTC which came from anti-military students in program when the war began, were to face the mid-thirties, caused the K-State presi sudden changes. Summer camp was out dent, Francis D. Farrell, to ask the Kansas because military installations were too busy. legislature to mandate two years of ROTC So those in advanced ROTC were sworn in for every ablebodied male student at a land as corporals in the army and placed in a sDeeded-uD Droeram which included course- grant college. This legislation applied only a M r ■ * - 'O to Kansas State College, the sole land grant work through the summer of 1942. Rogers college in the state. Students received one still lived at home, and he and other hour credit for each of the first four semes advanced ROTC students received no ters of required ROTC. Thus, all eligible stipend or tuition grants in their new role, The Honorable Richard Dean Rogers 37 nor did they wear army uniforms, except to officer ranks of the armed forces where they ROTC classes. A single benefit was an early would receive speeded-up training before i|pk dating of their promotion to corporal. going into combat. Most critical were the Rogers, and many other advanced ROTC demands from the infantry and for certain students, graduated almost six months technical specialties. early, January 23, 1943. As the nation prepared for World War II, Following graduation Rogers was sent to military installations mushroomed through Fort Leavenworth where he received his out the country. Defense industries prolifer jBpl stripes and uniform, then he reported to the ated and food production reached record lev infantry's Officers Candidate School at Fort els. Rationing was implemented to assure

IP Benning, . He successfully completed that supplies needed for the armed forces the ninety-day course and was commissioned and for allies would be available. Employ a Second Lieutenant in the United States ment at some task, with so many people in Iff) Infantry on May 15, 1943. The army was the armed forces, was available to everyone, officially segregated during World War II, and and women entered many jobs formerly the Blacks were generally assigned to separate domain of males alone. U.S. production was units, but in Rogers' graduating class photo needed to support Allied war efforts, as well graph, there appear to be at least ten Blacks as to provide for national needs. Taxes i?is\ scattered among the three hundred class increased and civilians, as well as many in members. It was at Fort Benning that Dick the armed forces, purchased Defense Bonds Rogers saw Franklin D. Roosevelt for the sec and contributed generously to programs ond time. Presumably, the president had come such as the American Red Cross. to Georgia to recuperate in the waters of William C. Rogers left his route as a Warm Springs, and as Commander in Chief cookie distributor out of Manhattan to work a^ had come to review troops at Fort Benning. in an aircraft plant in Wichita. He main World War II began in Europe in Sep tained a small apartment there and, tember, 1939, and even earlier in East Asia. because of restrictions on "non-essential Using the elements of surprise and prior travel," made infrequent visits to Manhat preparation, Axis nations had advanced tan. Evelyn Rogers continued to work in upon almost every front. During the first ladies ready-to-wear at Cole's Department few years the war had gone badly for Allied Store and lived in the duplex at 1021 Leav powers—in the Pacific, in Europe and in enworth, which was rented from Dr. Mary C. Africa. War and Navy department planners Harmon. Later the Rogers purchased this in Washington were anticipating a long, duplex. When the war ended, W. C. Rogers

^j costly war that conceivably could last until returned to Manhattan. 1949. Millions of American youth, male and Following officer commissioning, Second female, were recruited and drafted into the Lieutenant Richard D. Rogers was sent to Wt armed forces. For those in college, many Camp Wolters, Texas. There he taught two were deferred for a short time to provide sessions of basic training to new recruits. openings for their preferred assignment. Rogers then attended combat training mn Programs were instituted to keep new per school, also located at Camp Wolters, where sonnel moving into the enlisted and junior he graduated with honors.

nip 38 The Honorable Richard Dean Rogers

"Major, I don't think its a matter that we're trying to be impolite. I think all of us feel that just asking useless questions to call attention to yourself is not justified. If peo ple asking questions like that would just sit still, they would be told what they're sup posed to do in their next assignment. Besides, we need to get to another class, and we just felt that this was totally unneces sary." Years later, Richard Rogers expressed the belief that he would be run out of the building. However, the major liked it and he "graduated with honors." But Rogers' initial assignment was a place in the training cadre, which he did not like. He certainly did not want to stay at Camp Wolters for the rest of the war. So Richard Rogers applied for pilot train ing in the Army Air Corps. He recalled that the Air Corps had "pilots out their ears. I don't think any of us made pilot training. They needed bombardiers and navigators in England was the story." After a few days of test taking at Randolph Field, San Antonio, ..-»«.« Rogers was sent to Ellington Field, Houston, Dick Rogers with his mother and father Texas for pre-flight training. From there he and family dog, Buttons, in front of home in was sent to the bombardier-navigator school Manhattan at San Angelo, Texas. After completing this school on May 1, In a combat infantry course taught by a 1944, Rogers was rated an Aircraft Observer major, a student asked a question just as the (Bombardier) with an effective date of May bell rang for the end of the class bringing a 20.4 For a short time he was attached to the loud exclamation of disgust from many fel Army Air Base at Lincoln, Nebraska, and low students. The major responded with then sent to El Paso, Texas, to Biggs Field anger and said, "that was the most impolite where he met his crew, the same crew he thing I've ever seen. You people are sup would be with in . They trained on one posed to be officers and gentlemen. Some of the earlier models of a B-24 Liberator body tell me why you would do something Bomber. The first phase of instruction at like that. Somebody tell me. We are not leav Biggs Field was completed during the ing until somebody tells me why you would month from June 15 to July 17, the second be so impolite." Finally, young second lieu and third phases in the following month, tenant Richard Rogers got up and said, July 17 to August 14. pi

The Honorable Richard Dean Rogers 39 flp) Rogers' log for time in the air began at Force, who had gone to Italy by air some nine Biggs Field at El Paso, Texas. He accumu months earlier, had departed Muroc Army lated 251 hours and 55 minutes of nonpilot Air base in California in November, 1943, for time in the air by August 17, 1944, when Hamilton Field, . There they everyone on the crew was sent to the Topeka were equipped for overseas duty. Their Air Base, Topeka, Kansas, for assignment ground forces and air crew numbers had overseas. In the twenty months since gradu grown to 2,300 officers and men, and they ating from K-State, Rogers successfully were assigned 62 new B-24's. An air crew completed almost every step in preparation generally numbered ten, and a crew of about for a highly specialized role in combat. He twenty on the ground was required for each had been shunted aside from his preference plane. They then flew to Palm Springs, Cali as a pilot to becoming a bombardier. When fornia on the first leg of their "air echelon they got to Topeka, "we drew lots, whether enroute to Italy."5 Their flight to Morrison ■ft we flew or went by ship. We lost and went by Field, West Palm Beach, Florida, was inter ship, and I got on two days early, and I was rupted by a stop at Memphis, . on this Liberty ship 32 days. It took us 30 From Florida they went south to Puerto Rico, days from Newport News to Bari, Italy We to Trinidad, to airports in Brazil, either were in an 80-ship convoy." Sizable convoys Belem or Natal, then across the South 'A necessarily moved at the pace of the slowest Atlantic to Dakar, French West Africa. After ship in the group. They were under the pro a short stay they went on to , , tection of destroyer-escorts, and sometimes where pilots, copilots, navigators and bom accompanied by blimps or planes to guard bardiers engaged in training flights for the against German submarine attacks. From remaining days of January, 1944. Land oper Bari it was only a short drive to the huge air ations in Italy were still ongoing, and their base occupied by the 456th Bomb Group, base was not yet ready for planes. whose principal weapon was the heavy Lib Most of the ground personnel were not erator bomber, the B-24. flying. So they went by train across the U.S. Rogers' bombardier kit, a very important from Muroc to Hampton Roads, Virginia, piece of equipment, was never found on the where they boarded the ship, USS Timothy ship. His initiation into active warfare was Dwight, which departed for Europe on anything but auspicious. In fact, it fit the December 15. Again, conditions in Italy did World War II term "SNAFU" in every way. not allow them to go directly so they After checking in at the air base, he hitch anchored off Bizerte, Tunisia, on January 8 hiked back to the port to try and locate his and crossed the Mediterranean, landing at bombardier kit, "but it was useless." At Bari, Naples, Italy on the 19th. From there they he rebuffed a British-speaking homosexual were taken to the new base by army trucks, who tried to pick him up. Return to the air "greeted by absolutely nothing but a bare base came late at night in the back of a olive grove."6 Shelter half tents and pyramidal truck, riding next to a dead pilot who had tents were pitched and the first meals were crashed his fighter plane that very day. the everpresent K-rations. The air base Air crew members of the 456th Bomb was a large Italian farm. The farm house, Group (H), 744th Air Squadron, Fifteenth Air in reality a multi-story villa, became the

pm 40 The Honorable Richard Dean Rogers residence-office of Colonel Thomas W. Steed, commanding officer of the 456th, and an office for his headquarters staff. The large, attached barn provided spacious accommodations for pilot, navigator and bombardier briefings. Nearby was a small medical building, a small squadron head quarters and an officers' club, where heavy drinking took place. Late in the war a group of British WACS was brought in for a party—the assessment, "they all had a bad case of the uglies." Very quickly steel matting was laid for a runway to bring in the planes, which began arriving the afternoon of February 1, 1944. During the next week the air crews flew ori entation flights and settled into quarters, such as they were. C-rations, more palatable food and a step up from K-rations, were part of this buildup. Later, more typical food pre pared by regular cooks was available in the mess tents. By summertime, ice cream could be counted on as an occasional dessert. When Rogers got there in October, he traded Dick Rogers while in Bombardier's school his cigarette ration (because he was a non- at San Angelo, Texas. He is still wearing the smoker) for eggs and ate even better than crossed sabers of the infantry on his collar. most airmen. Mail call came regularly to personnel of the 456th. Rogers received a weekly letter week later when forty B-24's dropped 96.5 from his mother and a weekly letter from tons of bombs on a German army command Beth Stewart. Almost every letter came in V- post near Grottaferrata, Italy. Flak encoun mail format, devised to cut the weight of tered was heavy and two bombers and crews cargo to and from war zones. A microfilm were lost. Such were the risks of the 456th was made of each letter, and the film was and other air groups in the European war. sent for printing full size on photographic Between this first combat mission and paper before delivery. mission 142, when Richard Rogers was on his Wintertime brought cold and rain to the first combat mission with the 456th, the Italian peninsula and mud was everpre- group lost about 65 planes, primarily in com sent. The first mission for the 456th came on bat, but in all kinds of situations. This was February 10, 1944, but dense clouds covered about two-thirds of the aircraft losses suf the target area and no bombs were dropped. fered by that group throughout the war. The group's second combat mission came a Heavy losses in lives of air crew came at this The Honorable Richard Dean Rogers 41

B-24 LIBERATOR

j^o^Po-"< Uifiiiii

* Description Length-66 ft 4 in. Wing span-110 ft Height-17 ft 11 in Crew-10. Speed-300 mph. Range-3,300 miles. Celllng~36,000 ft. Armament-ten .50 cal. machine guns. Bomb load—12,800 lbs. 6ross weight-41,000 lbs. Loaded weight—56,000 lbs. Manufacturer—Consolidated-Vultee for all services and Allies. Production—18,188, more than any other U.S. World War I! combat aircraft. Modifications—included added armor, power-operated gun turrents, self-sealing gasoline tanks, and other armament. Used more in Mediterranean and Pacific theaters, because of its longer range than the B-17. In addition to its role as a heavy bomber, it was used as a tanker and as a transport.

same time—throughout the war the 456th Throughout the war about 4,800 person sustained losses of 319 personnel killed in nel served at one time or another with the action and 206 missing in action. Many other 456th. Air crews who flew in 35 or more com group members became prisoners of war bat missions could elect to rotate home for r when their planes were shot down. Again, the leave and additional training. Plane losses first eight months of combat for the 456th required a continuous supply of new planes represented about two-thirds of these losses.7 and parts to maintain a full complement. Two Distinguished Unit Citations were British planes flew out of Italian bases, given to the 456th during this early period. and the British often shared bases with the The first was awarded because of the bombing American air corps. Because of heavy of the aircraft factories at Wiener-Neustadt, British losses in the air early in the war, , on May 10, 1944. The heaviest flak when they were flying out of their home ever encountered to date claimed 5 of the 31 island, British planes generally flew at attacking B-24's and the others had from 3 to night. They divided use of Italian bases by 100 flak holes in them. The second unit cita continuing to fly at night, while the Ameri tion was for the July 2 attack by 30 bombers cans generally flew during the day. on the Shell oil refinery at , Hun The characteristics of the Liberator B-24 gary, where 8 bombers and crews were lost. with its long narrow wing had advantages Six of the 8 lost bombers came from the for some features of flight, but it could not 744th Bombardment Squadron, its "most rapidly lift a heavily loaded bomber to the tragic mission of World War II."8 20,000 foot level considered necessarv for 42 | The Honorable Richard Dean Rogers many flights. So, after planes took off, they circled for many minutes to gain the neces sary elevation, or they would head across the Adriatic Sea, gradually gaining eleva tion to the bombing level. At some time early in the flight the pilots would assume the configuration, known as the box formation, built around a nucleus of six or eight planes. The box gave the big lumbering bombers a better defensive position and coordinated their bombing. Lt. Dick Rogers getting a little sun in front Most of the Americans at the air base, of his tent at the air base in Italy twenty miles south of Foggio, Italy, near the villages of Stornara and Cerignola, were housed in pyramidal tents. Each tent occu stands with water brought in by an Italian pied a site about sixteen feet square. By the houseboy, but the "basin" was merely the time Rogers arrived, Italian workers had user's steel helmet. Rarely was there hot built a stone, block wall around the inside of water. The "four-holer" privy was an unpar- each tent to the roof line. A wooden door- titioned six by eight foot whitewashed Ital jamb and door for entry helped make the ian block, roofed building. The urinal, a tent less subject to draft. Italy generally black pipe with a twelve-inch funnel, was claims a moderate climate, but wind and placed on another wall. Generally, the door rain in the winter time could bring enough and vent window were screened. cold so that most air corps personnel wore Following Rogers' arrival with the Fif long Johns under their other clothing. Heat teenth Air Force, his first time in the air in in a tent was provided by a cut down fifty- Italy was a noncombat flight on October 15, five gallon drum, fueled by 100 octane avia 1944, of one hour, fifty-five minutes dura tion gasoline, piped into the tent and tion. A schedule might vary, but 4:00 a.m. allowed to drip in the fire box. It was con was the usual awakening hour. Pilots, navi trolled by a shutoff valve, along a 1/4" or gators, bombardiers and certain other mem 3/8" aluminum pipe from a full-size metal bers of the crew would be taken by truck to drum outside. Ventilation was provided by a group headquarters to get mission informa black stove pipe from the stove up through tion. The mission had been picked during the hole in the tent next to the center pole. the night, and if the assignment was Vien With this dangerous fuel in use, some tents, na, there were audible groans from the lis with all belongings in them, burned at this teners. Vienna was one of the most heavily base. Rogers and the other three officers defended targets on the agenda of the Fif from his plane crew were housed together in teenth Air Force. The 456th alone lost at such a tent. least ten bombers and crews on bombing Showers, about two blocks away, were runs over Vienna, where the flak was more fabricated from parts available at any air intense and more accurate than over most base. Close to each set of tents were wash targets. Later, Richard Rogers was the The Honorable Richard Dean Rogers 43 squadron bombardier, so he reported even were followed in November by seven earlier to be ready to brief other bom "accredited sortie" combat flights and four bardiers, especially if he was not flying that other noncombat flights generally used for day. There would be a quick breakfast and training. crews would be assembled and taken by One of these "noncombat flights" provid truck to the flight line, where everyone ed Lieutenant Richard Rogers with the most would engage in preflight checks and await remembered sheer terror of anything that the signal to take off. he encountered during World War II. It was While Rogers flew in different Liberators worse than flying through heavy flak or on many flights, in almost every flight in being targeted by enemy fighter planes. Spfy Italy Rogers flew in a bomber identified as a This action was planned as a heavy bombing B-24 model J. On October 23, he had his attack involving most of the planes of the first combat flight, an attack on military on enemy targets for installations at , Germany, Nov. 11, 1944. The anticipated good flying when the plane was in the air seven and weather turned bad when the planes were one-half hours. This flight was identified as nearing the . Clouds were so dense that a "double combat mission accredited." Five instrument flying took over. Rogers' block of noncombat training flights during the planes was led by an inexperienced instru i!^ remainder of the month and on November 1 ment pilot who was gradually leading his

FIFTEENTH AIR FORCE 15 JUNE 1944

1 5 Bomb Wing 47 Bomb Wing 49 Bomb Wing 69 Bomb Wing 304 Bomb Wing

2, 97, 99. 301, 463, 90, 376, 449, 491, 461, 460, 464, 494, 499. 496, 483 B Got 490 B Gpt 484 B Cm 469, 489 B Opt 499 BGpo (B-17) (B-24) (8-24) (B-24) (B-24)

308 Bomb Wing 306 Fighter Wing 1 XV AFSC (Non-oporolloaot) 1 1,14, 82 F Gpt 889 Bomb Sq Kft (P-38) l94Wooth«r 1 l9Combot 31, 52, 329 F Gpt (M) (SP) Ren Sq 1 Mopping (P-51) (B-24, B-17) ( P - 3 8 ) 1 Sq (F-9) 332 F Gp (P-47) tf$ffy

iP9 Captain Richard D. Rogers was in the 744th Bomb Squadron, 456th Bomb Group, 304th Bomb Wing, XVth Air Force. asy

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44 The Honoeable Richard Dean Rogers box of planes into a dive. When the order "Mouse Causes No Panic For Local AAF was given to return to the base, some pilots Bombardier." In part it said, "About to make lost their way, others flew their planes dan the bombing run on the railroad yards at gerously close to nearby planes and landing Vienna, liberator bombardier 2nd Lt. Richard was almost blind, with only enough light to D. Rogers, 22, of 1021 Leavenworth St., lifted notice many near misses. Rogers could see the cover of his bombsight and saw a mouse some of what happened from his bom staring him in the face. ... his crewmates bardier's window. The 456th Bomb Group report, Lt. Rogers picked up the mouse by the alone lost three planes and their crews, tail and threw it into the bomb bay."9 which ditched or crashed in the Adriatic "Combat sortie" identified six of Rogers' Sea. They had not been near the mission's December flights. The other seven flights Mlfb target nor had they confronted enemy fight were noncombat. He was promoted to First ers or antiaircraft guns. Rumors around the Lieutenant on Jan. 17, 1945. Weather pro 456th air base counted sixty lost planes for duced nonflying days and only one "accred the entire Fifteenth Air Force on that mis ited combat sortie" came in January, 1945, sion, without dropping a single bomb or see the one on the fifteenth. The other eleven ing a single fighter. flights were noncombat. Better flying Later, this kind of problem was dealt weather in February produced six "accredit with more rationally. A raid on Feb. 8, 1945, ed combat sortie" flights and five noncom was altered to a new target—communica bat flights. In March, "accredited combat J tions at Vienna—while the planes were in sorties" and noncombat flights were equally the air. The rapid response to this change in divided—five each. plans brought the following commendation On April 7, 1945, the first issue of the from Major General Nathan F. Twining, mimeographed CONFIDENTIAL "P.I. Commanding Officer of the Fifteenth Air Review" was issued by the 456th Bomb Force: "THE HIGHLY SUCCESSFUL EXE Group Photo Intelligence officer. The target, CUTION OF THE MISSION OF EIGHT head bombardier, and results were listed FEBRUARY UNDER CONDITIONS and analyzed for the March raids. Two, WHICH REQUIRED A CHANGE OF March 21 and 23, were led by Lts. Rogers PLANS AFTER THE FORCE WAS AIR and Burton. The report for the 21st was for ^B BORNE IS A TRIBUTE TO CAPABLE AND the Neuburg airdrome which had been hit VERSATILE LEADERSHIP. PLEASE two days earlier by the . EXPRESS TO YOUR LEADERS AND The "good pattern of bombs" from the THEIR NAVIGATORS MY PRIDE AND Eighth and "very heavy damage" by the Fif APPRECIATION FOR THEIR ACCOM teenth with "an excellent bomb pattern" had PLISHMENTS." A copy of this document a combined effect of 80 to 90 percent ) with Richard Rogers' name on it was placed destruction of the installations, along with in his personal file. heavy damage to planes on the ground. Sub After Rogers' tenth combat mission, sequent information from a German test December 11, 1944, the air force public rela pilot who had deserted showed an even larg tions office sent information to a Manhattan er number of destroyed planes on the newspaper which headlined the story, ground than had been revealed by aerial

flSPSB nn

The Honorable Richard Dean Rogers I 45 ftp*

Revised list1 of combat sorties for Capt. Richard D. Rogers. 0-512870 bombar dier. 744th Bomb Squadron. 456th Bomb Group. XVth Air Force. 520'us Army iW.) Group Rogers' Rogers' Rogers' Date Mission Mission Hours In Cumulative Target Description Number Number Flight Total 1944 ippft 10-23 142 1 7:30 7:30 Regensburg, Germany, Winterhafen oil storage 11-4 145 2 7:15 14:45 Linz, Austria, main marshalling yard (M/Y) 11-5 147 3 4:30 19:15 Mltrovlcl2, , troop concentrations 11-11 £ooo]3 [0] [4:00] Aborted mission, heavy losses due to weather 11-16 152 4 7:25 26:40 Visegard, Yugo., bad weather no bombs dropped 11-17154 5 fr30 33; 10 Ovor. Hungary. M/Y. an alternate target 11-18155 6 7:05 40:15 Vicenza2, Italy, airdrome 11-19 157 7 7:25 47:40 Vienna, Austria, Lobau oil refinery 11-22 159 8 7:25 55:05 Linz, Austria, M/Y, target of opportunity 12-9 167 9 7:55 63:00 Linz, Austria, industrial area 12-11 169 7:45 -7JL45 Vienna. Austria, south east mnds depot §p\ 12-17 172 11 8:10 78:55 Odertal, Czechosolvakia, oil refinery 12-20 175 12 8:15 87:10 Pilsen , Czechslovakla, Skoda Works 12-26 177 13 8:20 95:30 Osweicim, Poland4, oil refinery 12-28 179 14 7:45 103:15 Kolin, , oil refinery 1945 1-15 183 _L§ 7:40 110:55 Vienna. Austria. Horisdorf M/Y 2-8 192 16 7:10 118:05 Vienna, Austria, communications 2-13 195 17 5:10 123:15 Marlbor, Yugoslavia, south M/Y 2-15 197 18 7:15 130:30 Korneuburg, Austria, oil refinery 1-18 200 19 5:30 136:00 Amstettin, Austria, M/Y 2-21 202 2Q 6:25 142:25 Vienna. Austria, yards and shops eft 2-25 206 21 6:35 149:00 Villach, Austria, M/Y 3-1 209 22 6:20 155:20 Marlbor, Yugoslavia, north M/Y 3-2 210 23 6:40 162:00 Linz, Austria, main M/Y 3-19 220 24 6:50 168:50 Muhldorf, Austria, M/Y 5-21 222 25 225.—176:15 Neuburo. Germany, airdrome installations 3-23 224 26 7:00 183:15 St Valentin, Austria, Tank Works 4-1 230z 27 4:25 187:40 Gun positions, north coast Adriatic Sea iS^s 4-7 233 28 6:15 193:55 Bressanone, Italy, railroad bridge 4-9 235 29 4:40 198:35 Bologna area, Italy, support of 8th Army 1-10 256 50 4;25 2Q5;QQ Boloona area. Italy, support nf 8th Armv 4-15 239 31 6:35 209:35 Bologna area, Italy ftp\ 4-16 240 32 6:15 215:50 Bologna, Italy, mission recalled-bad weather 4-26 2495 33 5:35 221:25 Trevlso2, Italy, motor depot

'Based on the air log of Capt. Rogers and the book, 456th Bomb firnim by Fred H. Riley. 2Spellings have been corrected for Treviso and Vicenza, Italy, and Mitrovici, Yugoslavia 3This unnumbered mission came between * 149 and * 150. See Riley, pp. 32,44. 40sweictn, , in two places in Riley's 456th Bomb Group, is placed in Austria ^his last combat mission for the 456th, produced results -judged as PERFECT," with a "bulls eye on target—a motor transport depot—with 100 percent accuracy within 1000 feet of the MPI, thereby establishing a new record for the Group." Riley, 456th Bomb Group, p. 43. 46 | The Honorable Richard Dean Rogers photos. The report for the 23rd on the St. thirty-two combat missions, he was promot 1 Valentin Tank Works showed "severe dam ed to captain. age to all installations," which included "six The squadron bombardier was often in machine shops, and two assembly shops," a the lead plane on bombing runs. Earlier he "Boiler House," and "Adjoining Coal Convey had briefed the other bombardiers from a or," as well as nearby buildings. The Group group of six to eight planes, called a box, Photographic Intelligence officer empha about the primary and alternate targets, the sized that it was "good bombing" that was kind of bombs, the expected temperature responsible for the 456th record of "more and wind direction, so they could set their 1 than one-fifth of the damage" listed in the bomb sights correctly. The regular formation report.10 of the box enabled planes safely to fly closer Targets for B-24 bombing raids changed together to produce maximum fire power during the course of the war. Initially, the against enemy fighter planes. Also, they raids were rarely tactical, that is, being could more easily concentrate their bombs made on troop concentrations. Instead they on a target in a box formation. When were strategic, on railroad marshalling bombers flew over a target, gunners threw yards, railroad bridges, munition and arma out metallic chaff to throw off enemy radar ment factories, airdromes, oil refineries and guidance systems. Following each flight a similar targets to disrupt the ability of the squadron bombardier would be involved in Germans to continue the war. By April, debriefing sessions. 1945, the European air war was winding In a time for counting up results, other down, and generally the strategic targets awards were coming rapidly to Captain 1 were considered destroyed, so tactical objec Richard D. Rogers: the European and Mediter tives replaced the usual bombing raids. In ranean Theater ribbon, with four bronze April there were seven "accredited combat stars for the German campaign on April 14, sorties" against German gun positions and the Balkan campaign on April 19, the North other obstacles to the British Eighth Army's Appennines campaign on May 9, the Po Val advance in northern Italy, and only two ley campaign on May 9, the air medal and noncombat flights. A single noncombat flight 1st oak leaf cluster on May 13, and the sec in May was followed by a single noncombat ond oak leaf cluster on May 21.11 Finally, on flight in June, and the log closed with a total June 18, 1945, the fourth highest award for 1 of 601 hours and 30 minutes of nonpilot Air Force personnel, the Distinguished Fly flight time, in addition to 98 hours and 20 ing Cross, was awarded to Captain Richard minutes of student nonpilot flight time. D. Rogers. This award follows the Medal of J Altogether from the Foggio air base in Honor, the Distinguished Service Cross, and Italy, Richard Rogers flew in 33 combat mis the Silver Star in precedence. i sions and in 42 other flights. His combat Richard D. Rogers' Distinguished Flying missions can be further analyzed, since they Cross was awarded for two of his actions in are listed chronologically. Also, he was the attack on an oil refinery at Odertal, 1 appointed squadron camouflage officer on Czechoslovakia, on December 17, 1944. Fif February 18 and squadron bombardier on teen bombers made this flight and bombs February 26. In April, 1945, after flying in were dropped without being able to see the

fWffflB The Honorable Richard Dean Rogers 47

bought a copy and wrote Davis, by then a r%&M^ retired general, "that I owe my life to [you], . . . [You] picked us up and brought us back, came across a town where there's not sup posed to be any flak and there were guns there and the pilot got a hole under his rud der pedal." The mission following Odertal came on r December 26 to bomb an oil refinery at Osweicin, where heavy flak was again a r problem. The Odertal and Osweicin flights were the longest on Rogers' flight log, over eight hours. Osweicin is better known after Lt. Rogers (left) with the officers in his crew World War II as the town next to the notori ous Auschwitz concentration camp. Personal awards for the 456th Bomb target. Most bomber runs in World War II Group (H) give an indication of the rarity were above 20,000 feet, far too high for nor and infrequency of the highest ranking mal breathing, but safer to avoid flak deliv awards. There was no Medal of Honor and ered by antiaircraft guns. On the way to any only one Distinguished Service Cross, but target the bombardier, after pulling the nineteen Silver Stars, 215 Distinguished safety pins on the bombs, has a responsibil Flying Crosses, and two thousand Air ity to determine whether each crew member Medals. In addition, there were two Distin is getting oxygen. During his "oxygen check" guished Unit Citations. The 456th Bomb the nose gunner failed to respond, so Lt. Group also received seven battle ribbons for Rogers put on his mask and crawled to the flying 249 combat missions against targets gunner, whose mask for some reason wasn't in Germany, Poland, Czechoslovakia, working. Rogers replaced the mask, gave Yugoslavia, Hungary, , Austria and the man oxygen and dragged him into the Italy12 r plane's cabin. His second action came later, Major General N. F. Twining, the com when the plane had descended well below manding general of the Fifteenth Air Force, the safer 20,000 feet level. In spite of all the wrote a brief summary of the Fifteenth Air flak, some hitting the plane, Rogers dropped Force's operations and results during its his assigned bombs on target. eighteen months of existence before the end Many years later, Rogers avows that the of the European war. Their contribution to 456th was just passing out medals, but he defeat of the "Nazi enemy" included destruc says "at Odertal we got hit and lost our oxy tion of ail gasoline production within range; gen system and had to come down to 10,000 destruction of more than six thousand feet. Col. Ben Davis' Red Tail fighters picked enemy aircraft; crippling of the enemy's us up and escorted us across Austria into - transportation system at the immense cost Yugoslavian air space." When Davis' book, of many "brave men" and 3,379 aircraft. He Ben Davis, American was published, Rogers reported that when the Fifteenth was t ui uaqjBa MopuiM b jo ^no UMOjq^ uaaq ujaq^jou jaq^o puB aoiua^ ui saint} jaq^o }B pBq auo asnBoaq joojj ;sjij aq^ aAoqB uo^b; puB '9^61 '^B1A[ UT ^F^9 auioy; ui Sifep oaij jo aq ^ou ppoo uauiOM ^nq 'suioojnBq joojj ^sjij aABaj jauq b pBq uaui puB sjaoijjo jaq^o puB ui ppq saouBp joj aiqBjiBAB bjlbia uauio^ sjaSoa 'papua jbm uBadojng aq} uaq^\ Xbmb s^aaM aajq^ uBip^i pire uernoM. aot/uas uBOLiaxuy 'iniu ^prejp uarajiB aq^ os 'saSunoj -[pgppro aq} ui i^uo sbm iCBp g-A 8i«^nog uBips^i ai# }B ajqBjiBAB sbm uoqjnoq jo qo^oos o^I -sduiBO s^aSjB^ hob^^b 0^ jib aqi o; 3[oo} uiaqi jo }uao }saj joj ajaq^asja puB axnoy[ ui sja^oq jad 86 puB [q^uaaqji^] aq} 0} pauSissB ajaM a^BJ ^sjij Supuaj ui ifouy axfl ^Bqi aAi^B qjBJOJiB 9X6T 'St6T 'ST lFdV u0 sauBidiiB -ajo ajoui sbm sdioQ Jty 3^1 "sai^p ubijbh fqg sbm q^Suaj^s aArpajja„ s^i pazureSjo

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Milan, Rogers saw a classmate from K-State days, Hoyt Brown, driving a jeep down the IP street. Another five-day leave to , Egypt, in June was extended to eighteen days when the plane lost a wing tank that required replacing. There, Rogers and others from the

for the entire time and sat on the hotel's ter 1456th were billeted in the Shepherd's Hotel race to view the British and Arab troops fr>~. ■ paradetook them for British to all Empire of the tourist Day. Sideattractions, trips including the pyramids and the Egyptian Capt. Dick Rogers receiving the Distin museum. One full day was spent in Alexan guished Flying Cross on June 18, 1945. See dria. Americans also had access to a fine Appendix B for the citation accompanying British club, known as the Gezera Sporting this award. Club. In Cairo he saw Charles Joseph Cor- rell, the son of a K-State professor, who was assigned to nearby Payne Field. This leave Following the atomic bomb attacks on also permitted a visit to Palestine, but that Hiroshima and Nagasaki, the war in the part of the trip was not made. Pacific ended quickly. Personal losses in the Because of his position as squadron bom 456th were compounded by knowledge that bardier, Richard Rogers was retained in the three members of Rogers' high school gradu Fifteenth for a short time while other per ating class had not survived the war. They sonnel headed back to the U.S. to prepare were his good friend George Robert Jones, a for an all-out assault on Japan, where the bombardier with the Eighth Air Force out of war was still going on. A final roster of the England, who was killed on his twenty-fifth 744th Bomb Squadron, dated July 5, 1945, mission; Tom Craig, a fighter pilot killed in totalled 17 officers and 263 men. By late the Italian campaign; and Charles W Line, July they were landing in New York City15 A a sergeant with an armored regiment who short time later on July 29, 1945, Rogers was killed in . headed for home from Naples, Italy, on the Rogers was ordered to travel by rail to cruise ship Argentina. An overnight stop Sherman Field, Ft. Leavenworth on Sep was made at the Isle of Capri, while the rest tember 4 to complete his discharge papers. of the trip to Camp Kilmer, New Jersey, took He had three choices: 1) stay in the Army ten days. He had served ten months and six Air Corps, 2) be completely discharged, or 3) teen days in foreign service in the Mediter- transfer to inactive status in the Army Air Corps Reserves. After discussing his future Iraneanat home Theater. in With Manhattan, time for momentarily a brief leave he with his mother who suggested that for job expected assignment as a bombardier on a security he should stay in the Air Corps, he opted for the Reserves to retain some ties to fB-29Japan. for training to end the war against the excitement he had experienced in ser- 50 The Honorable Richard Dean Rogers vice in World War II. He had served a total Air Corps, Rogers visited the Washburn of three years, three months and twenty-one University law school in Topeka. He found days on active duty. Also, he decided to go to no one around to answer his questions, so he law school, something in the back of his went on to Lawrence to the University of mind since his working days in the Wamego Kansas law school where he talked to the Drug Store, where several lawyers with dean. Partly because of the accessibility of interesting lives regularly came for drinks the dean, he decided to go to law school at i and a chat. KU. Many years later, he said, "I think I As a recently discharged Captain in the made the right decision."

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fflW The Honorable Richard Dean Rogers | 51 '^m

Chapter IV

'ipl' Beginning a Law Career

University of Kansas without prior arrangements. The war had sharply curtailed In theuniversity fall of enrollment1945 it was and relatively much space easy to was get available started in - there the School was a of need Law for at stu the dents. Dick Rogers made his first visit to the law school early in September, several weeks after V-J Day (August 15) and even after General Douglas MacArthur coordi nated the signing of surrender terms ( September 2) on the deck of the battleship, USS Missouri, in Tokyo Bay. Captain Richard D. Rogers was released from service on September 7, 1945, and he pit was on "terminal leave" for the next forty-two days, during which he would be paid in full as a captain in the Air Force. Because he was on flights in June, July and Septem ber, he also received a captain's flight pay, an added incentive initiated in World War II for air crews. With this money and the one hundred dollars a month he had saved in the Kaw Valley Bank in Wamego since August, 1944, Dick Rogers had more money than he had ever had in his life. In addition, his attendance at the University of Kansas law school would be supported by the benefits of the Servicemen's Readjustment Act of 1944.

The Servicemen's Readjustment Act, the depression that had lasted throughout signed on June 22, 1944 by President the 1930s and that during the war the Franklin D. Roosevelt, was popularly known nation had enjoyed the rarity of full employ as the "G.I. Bill of Rights." It provided broad ment." At its root, Congressional action was categories of support for the more than fif more a fear of a postwar depression than "an

) The Honorable Richard Dean Rogers 53 tion he received a monthly stipend from the tort law taught by Dean Fred Moreau and G. I. Bill. Also, he had his own transportation, constitutional law under James Barclay a new two-door Ford purchased from the C. Smith. He could see a direct relation J. Wentz Ford agency in Wamego. New cars between the courses he was taking and a were in short supply and he had gotten his future career. One critique from Dean Moreau, order in early. As a veteran he was favored, accompanying a grade of A- was "Different but still he had to wait for several months to people get good results with different meth ods. Your method is good. Go ahead revamp ijSiT get the car, the first he ever owned. The Law School at the University of ing constantly." Kansas had a heritage extending back into While attending law school Rogers lived the nineteenth century. A law career did not in a congenial environment at the Beta require college preparation then. Many house, he did not have to work for his tuition, lawyers, including , got books, lodging or food, nor was he out for ath their start by "reading law" in the office of letics since graduation from college ended an established lawyer. At the University of athletic eligibility in the 1940s. Not having Kansas Professor "Uncle Jimmy" James W. received a varsity letter he did engage in Green was the law school from 1878 to 1919. intramural football—his Beta team lost the As dean, Green resisted higher entrance fraternity championship to the Phi Delts, |PR standards and did not support a required coached by Ray Evans, well-known KU half college education or even a high school back. For the first time since elementary diploma as a prerequisite for admittance school could he devote his full energy to his fPt into the law curriculum. Slow changes pro schoolwork, and his grades responded to duced graduation from high school as a pre maturity and concentrated effort. requisite in 1904, which was upped to one Important friendships were made at the year of college work for admission in 1912. KU law school, where all of the classes met After Green's retirement in 1919, the in Green Hall, located on Jayhawk Drive,

IJffrl "stodginess and low standards" he had which students passed going to the Student upheld was replaced, and a Bachelor of Laws Union. Most of the law students were (LLB) could be received only after comple returning veterans and there were only two tion of six years of college, where one year of women enrolled, a far cry from law schools law school credit could apply to a Bachelor of after 1971. Close friends of Dick Rogers Arts degree. Moreover, the case method of were Glee Smith and Dick Bond. Bond was fBS teaching, developed in outstanding law from El Dorado, and Smith established his schools, replaced earlier lecture procedures. law practice in Larned where later he was Nevertheless, Jimmy Green was still promi elected to the Kansas legislature and nent—the law building was named for became president of the Senate. Other him—and in front a memorial statue, friends included Page Benson, later a state sculpted by the well-known artist Daniel district judge, Bob Stadler, who also became Chester French, symbolized Green's interest a state district judge, Vernon Coss, a wound in law students.6 ed war veteran, Charles Arthur, a navy 0t Dick Rogers liked his law courses and his pilot who set up practice in Manhattan and professors at K.U. His favorite courses were subsequently served in the legislature, and lip)

ip) 54 | The Honorable Richard Dean Rogers Robert Foulston, who became a member of a One of Dick Rogers' classmates had 1 large law firm in Wichita. Between classes asked him to go into practice in Baxter many of the students in law school followed Springs, but he preferred to return to Man the old tradition of sitting on Green Hall's hattan. Alvin R. [Rudolph] Springer, who front steps to gawk at students walking by. had practiced law in Manhattan since 1900, <*S|, Younger students at the Beta house was seeking a partner. He had asked the included Payne Ratner, Jr., , son-in-law of the Presbyterian minister to John and Russell Stites. His roommates join him in practice, but instead he went to while he lived there were Robert Ready and work for Southwestern Bell Telephone Com J. B. Surface. pany. His second choice was Richard D. Beth Stewart had gone home to Wamego Rogers, who was admitted to the Kansas when Dick went off to war. She lacked a few Bar shortly after graduating with a Bache 1 hours from graduating in Music Education lor of Laws degree from the University of at Kansas State. A bachelor's degree was not Kansas in August, 1947.8 Dick was happy required for a beginning teacher until 1959, about the opportunity to become the junior so she began teaching music under a provi partner in the firm of Springer and Rogers. sional certificate in the Wamego elementary It did not hurt that Evelyn Rogers knew 1 school and later the high school. Their Alvin Springer well as a neighbor, or that courtship had continued through Dick's Beth Rogers was well-acquainted with Enza •ft years in the service through weekly corre C. Wagaman, Springer's best and most afflu i spondence and infrequent visits. Dick and ent client. Beth were married in a modest wedding at Alvin R. Springer was born July 5, 1880, her home in Wamego on Sunday afternoon, in the Carnahan Creek community in west 1 June 2, 1946. Neither Beth nor Dick had ern Pottawatomie county. He was the son of much money to spend on a wedding. Beth Jacob Springer, a large farmer-rancher, and wore a "street length dress of chartreuse," he had many brothers and sisters. Jacob and each of them had one attendant.7 Springer had migrated from Pittsburgh, Dick and Beth's honeymoon trip was to Pennsylvania, where he had lived near the Lawrence. Dick was taking finals so they H. J. Heinz family (later known for their "57 settled down in a rented apartment for the varieties"), who visited the Springers at summer months while Dick attended sum least once on their Pottawatomie County mer school. At the end of the summer, Beth farm. Alvin attended Lecompton University returned home to teach again, and Dick from 1895 to 1898 and took law classes at went back to the Beta house. By attending the University of Kansas where he graduat J two summer schools (which lasted longer ed in 1900 with an LLB. He began his prac (duffs* and offered more courses than in later tice in Manhattan that year at the age of years) and four semesters in the K.U. law twenty years. school, Dick was able to graduate in 1947. More than fifty years later Alvin His diligence paid off; he was on the honor Springer reported that when he arrived in J roll. He was also a member of Phi Delta Phi Manhattan he rented a room from Mrs. Hul- legal fraternity, sponsored by the feared pro dah Wisner in the 500 block of Houston for fessor, James Barclay Smith. $3.00 per month "heated by the solar sys- The Honorable Richard Dean Rogers | 55 tern." He ate three excellent meals each day he began compiling a log and mapping a costing $2.50 per week in the stone boarding series of drives through the surrounding Utah and Nevada. In the 1920s they bought as she typed. Dick had a small office with a nice four-room cabin on Bay Lake, located one filing cabinet. Earlier, Springer had Ifl^ near Deer Wood, . Bay Lake was been in partnership with Walter Reed Gage, a favored spot for other Manhattanites, but that firm had dissolved long before including the families of Harry Wareham, Rogers came on the scene. The bulk of the Fred Boone, Enza C. Wagaman, Ward work in Springer's law office involved real Haylett, E. L. Holton, and later Richard estate and probating wills. There were a few Seaton, Sr. For a third of a century the lawsuits involving negligence cases. Springers spent every summer there, some Springer was the firm attorney for Manhat times taking a niece or a nephew with them. tan Mutual Life Insurance Company and for

'PI Later they bought a house in St. Petersburg, the Home Savings and Loan Association, Florida and spent winters there. In his trav and the partnership examined land els, Alvin Springer was most impressed by abstracts for them. 8p^ the farmlands of Iowa, but he opted to keep After commuting from Wamego for a Manhattan, Kansas as his home base. short time, Beth and Dick found an apart Alvin Springer's interest in travel also ment at 500 Houston. Springer was a fine 01 had a local setting. He loved the scenic drives office lawyer with an outstanding vocabu around Manhattan. With a new car in 1926 lary. Dick soon found out that there was

up? 56 The Honorable Richard Dean Rogers much to learn about the law that could be Loan Association against Ort Weber, a well- acquired from older lawyers and longtime known opponent of the Army Corps of Engi legal secretaries. Similarly, Springer had neers and its development of Tuttle Creek observed and watched closely Manhattan's Dam. Weber had been paid for land con major post-Civil War lawyers, John E. Hes- demned for the reservoir project but would sin, George Green and Sam Kimble. not cash in his award and pay his mortgage Springer's formal education was limited, but owned by Home Savings and Loan. The his widespread knowledge came from exten court, under Judge Delmas Hill, issued an sive travels and fifty years of reading and order paying off the mortgage from the con \ absorbing the National Geographic. He was demnation proceeds. a keen student of history and knew the writ Judge Richard D. Rogers regards Alvin R. ings of Shakespeare. Springer was one of Springer as one of his two Manhattan men five founders of the Manhattan Mutual Life tors and Springer's portrait hangs behind his Insurance Company and on its board of desk in the federal courthouse in Topeka. directors. He also served on the board of the Next to Springer's portrait is a portrait of the Home Savings & Loan Association. Springer other Rogers' Manhattan mentor, Hal Har was a charter member of the Manhattan lan. He readily acknowledges that many of Country Club. He had been on the city's his sayings in later years come from his two school board and served as its president. For Manhattan mentors, Springer and Harlan. 0M a number of years he was the city attorney. Hal Harlan was born December 3, 1886 Springer was a strong Presbyterian, a char in Harlan, Smith County, Kansas. In the ter member of the Manhattan Kiwanis Club 1870s his father, uncle and aunt joined with and an avid Republican. Any person with another uncle, Daniel Kelley, in the Harlan these three memberships was high in the family orchestra where one of their most esteem of Alvin Springer. popular songs in area dances was "My West Richard Rogers' first case was "a slip and ern Home," later known as "Home on the j fall case" against Bernard Ulrich, owner of Range."10 Hal Harlan graduated from the the drugstore building at Fourth and University of Kansas law school in 1912 and 1 Poyntz, who had put in a sidewalk which moved immediately to Manhattan where he became slick when wet. Springer had the practiced law by himself for five years. In case but had not gotten it completed. So 1917 he joined Ambrose Johnston in the 1 Rogers set it for trial and filed a brief. Attor firm of Harlan and Johnston. ney Hal Harlan defended Ulrich and settled Like Springer, Harlan was a Presbyterian the case out of court. and a Republican, but unlike Springer he was Rogers' earliest federal case against an far more frequently a candidate for public insurance company which claimed that a office and held offices such as county attorney Manhattan merchant who had died with at two different times, state representative their insurance had a preexisting heart from 1929-33, where he was Speaker of the 1 condition, came much later. The federal House his last term; and state senator, 1933- .1 court, under Judge Frank Theis, held for his 34 and 1945-49. In 1934 he was narrowly client. Another early federal case found defeated in a race against William Randolph Rogers representing the Home Savings and Carpenter for a position in the House of

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The Honorable Richard Dean Rogers 57

Representatives in Congress, the only politi cal race he ever lost. Harlan was also the appointed Manhattan city attorney from 1942 until 1957, where his calm demeanor and legal knowledge were considered a valu able asset. He was the Manhattan school board attorney for many years. Harlan served as president of the Manhattan Cham ber of Commerce and as president of the I Kansas Chamber of Commerce and was a r member of various fraternal and civic clubs in Manhattan. Harlan's home was at 115 North Fourteenth, almost directly across Manhattan's City Park from the Springer home. Not until 1950 did Harlan marry; his wife was the former Irene Knittle. Whereas Alvin Springer was an out standing office lawyer, Hal Harlan was a fine courtroom lawyer. He had a reputation as a lawyer's lawyer, often hired by other lawyers to help them with their cases. He was the first general counsel for the Kansas Farm Bureau during the period when Farm Bureau developed insurance programs that greatly widened its association with Kansas farmers. Harlan provided the legal expertise to confront "the ongoing controversy sur r rounding the Farm Bureau and Extension Law partners Alvin Springer and Dick split during the late 1940s and early 1950s. Rogers - His counsel helped the board to take a pro active stance in response to the dilemma."11 Because of Springer's long absences on Anticipating the needs for the fall semes summer and winter vacations, the work of the ter of 1947 at K-State, an additional instruc firm increasingly fell to Dick Rogers. Beth tor was required to teach business law in completed some correspondence courses and addition to the sections taught by Professor got her degree from K-State in 1947. She con Dwight "Sleepy" Williams. Dick applied and tinued with her music in an informal way, he was accepted. His income was meager through involvement with Manhattan's Music and money from teaching helped out. More Club and in musical productions for a number over, he thoroughly enjoyed teaching and of organizations. Eventually she became the contact with students. He expanded this organist for the First Presbyterian Church—a course to include sections on deeds, mort position she held for twenty-six years. gages, abstracts of title, and landlord/tenant 58 The Honorable Richard Dean Rogers relationships. Dick's classes (four of three hours each) were concentrated in the morn ing—classes began as early as 7:00 a.m., and he was in the law office after lunch. Since he and Beth had only one car, fre quently he rode the city bus to the campus. Compared with all of his other activities, Dick taught on an "overload" basis until 1951. Minutes of the Kansas Board of Regents, dated February 10, 1951, indicate that Dick's position as temporary instructor had been four-fifths' time and was reduced to three-fifths' time. In this last semester of teaching, his salary was $255 per month. By the summer of 1951 the increase in business for Springer & Rogers and Rogers' participa tion in nonpartisan and partisan politics stopped his teaching. But he, with J. Robert Wilson, close friend and an attorney/ abstractor in Manhattan, went to the campus to audit classes. In the late 1940s, Dick and Beth had moved into the other side of the duplex owned by his parents at 1021 Leavenworth, a block that was just beyond the area Beth Rogers with Tish and Cappi try on reached by the great Kansas river flood of Easter Bonnets, about 1960 1951. However, the ground floor of the apart ment house at 500 Houston, where they first lived, was covered with water. Letitia (Tish) at 10:30 a.m. on April 9, 1952, said that Ann Rogers was born March 22, 1950, while "Mrs. Lee H. Williams and Mrs. Evelyn they were living in the duplex. Rogers were sitting in the alteration room W C. and Evelyn Rogers were living at Cole's when they felt a jar; Mrs. Rogers together after his three years in Wichita said, 'What was that?' Mrs. Williams said, airplane factories during the war. He was 'It must have been an earthquake.'" On listed in successive Manhattan City Direc August 17, 1956, she entertained members tories as a traveling salesman, then with of the Soroptimists, assisted by her daugh United Income Fund, and finally with Wad- ter-in-law, Beth Rogers. Cappi and Tish dell & Reed. Evelyn continued to work in were also there.12 An October 24, 1956 story the ladies department of Cole's Department described a talk given by Evelyn Rogers on Store. At least three times in the 1950s she table settings, using table silver and china, was mentioned by a Manhattan newspaper. to an ESA group in the Sun room of the The first, in commenting on an earthquake Gillett Hotel.13 The Honorable Richard Dean Rogers 59 W. C. Rogers was doing much better financially than he had ever done before. He was a natural, low-keyed salesman in his sales of annuities and securities, and he got along well with his clients. By the time he reached seventy years of age in the early 1960s, he was ready to retire. So Evelyn retired also; they tried to sell the duplex to no avail. Dick bought it and later sold it to an r officer of Home Building and Loan who had a four-apartment complex built in front of the r duplex with its back to Leavenworth. Park ing space between the two structures took up most of the remainder of a formerly very r large grassed area. W. C. and Evelyn retired to Florida to live near their son, Bob Rogers. After the waters from the 1951 flood went down, Rogers was offered the house at 800 Humboldt, just south of the First Presbyterian Church. The owner sold it and moved out, not wanting anything to do with the flooded house. Rogers had to clean up the mess and get the floors Richard Kurt Rogers, about 1964 replaced before he, Beth and Tish could move in. Later in the 1950s they moved to Rogers' family conference decided to take a much larger house at 1730 Fairview. and adopt the baby, who turned out to be a Cappi Christian Rogers was born Septem boy. Beth flew to Washington, D.C. and ber 6, 1954, while they lived there. In the brought Richard Kurt Rogers back when early 1960s they moved again to 301 North five days old. He was born July 26, 1962. Fifteenth. Still later they built a new home Dick Rogers had drawn up the adoption con near the Manhattan Country Club at 919 sent papers, which were signed in Washing Fairway Drive. ton. Adoption procedures were completed in In 1962 Dick received a telephone call Riley County, Kansas, and a son was added from Washington, D. C. that changed the to the Rogers' family—the two daughters composition of the Rogers' family. It was were eight and twelve years older. from Congressman William Avery's adminis Beth watched over the enlarged family, trative assistant who was calling about one and a succession of college girls, who became of Representative Robert Dole's secretaries, as close as family members, lived with them a Kansas girl, who was about to have a baby to help out. This was much the same pattern without a father, Rogers was asked to find a used by Dick's mother in supporting educa childless couple to adopt the baby. Several tion, by having a high school girl live with prospects were called, but all declined. So a them in Wamego, or a niece in Clifton. i 60 The Honorable Richaed Dean Rogers

During his children's growing-up years, of K-State. Within a few years it obtained ) Dick purchased a horse barn and eleven private funds for student scholarships, for acres in Hunter's Island, located across Wild fellowships, student loans, research projects, cat Creek, south of Manhattan. He kept four construction of the All Faith Memorial ] horses there and Tish and Cappi, and later Chapel, residence halls, . . . Rock Springs Kurt, rode with him on weekends. Tish gen Camp and conference center, purchase of 1i. erally rode Cricket, a brown and white horse land for campus expansion, and for other of average size. Cappi rode Angel, Cricket's important College needs.14 Arthur Peine, colt, a small black horse. Senator Jim, a local businessman and former member of the large black horse and another colt of Cricket's, faculty, was a part-time administrator of the was Dick's favorite, which he usually Endowment Association. In 1956, Ken Hey- rode. Bing was a large buckskin and was wood was appointed a full-time director of usually ridden by Kurt. For a while, Dick the Endowment Association. Someone was also had a Shetland pony, Billy, clever about needed on the job at all times, because slight getting rid of a young rider and getting out of ly more than a year before K-State had any fence. Eventually the Shetland was received its richest windfall to that time. given to John Stites for his boys. Stites kept It all began innocently—in 1954 Presi Billy very near town, and once again he got dent James A. McCain received a postcard out of his corral, was found on a neighbor's from Dr. Laurel Irene Putnam, who lived on porch, and caused John to get a police cita a farm in northern Cowley County. She tion for a horse at large. On occasion nursery wanted to know "whether K-State's presi school classes were invited to ride horses. At dent was willing to talk seriously with some least once Dick took the horses to the City body who was interested in doing something 1 Park, across the street from the nursery for the College." Several days later Presi school, so nursery students would have clos dent McCain was interrupted at dinner by a er access to horseback riding. telephone call from Dr. Putnam that she Through the early 1950s Alvin Springer would be at his office tomorrow at 8:00 a.m. was gone a considerable part of each year, Dr. Putnam appeared in old clothing, with a and more and more of the law business was disheveled appearance, and one of her shoes taken care of by Dick Rogers. He gradually had a hole in the sole. She announced that took over the law practice and inherited she had two loves in her life—"her husband 1 Springer's clients. Even when Springer was who had recently passed away, and the around, Rogers handled most of the trial other, her church had not fulfilled her wish work and the divorce cases. Other doors were es (or its promises) of sending her out as a opening for Attorney Rogers—as counsel to medical missionary." She told President established businesses or governmental McCain that she had more than "$100,000 units and participation in nonpartisan and in cash savings, thirty farms with 5,000 rtS partisan politics. Discussion of most of these acres of wheat, pasture, and oil-bearing activities will take place in the next chapter. land—do you believe that?" She also told The Kansas State Endowment Associa McCain that an official in a nearby univer tion had been started in March, 1944, short sity did not believe her—his university ly after Milton Eisenhower became president would not share in her bounty.15

(fflfflB -

The Honorable Richard Dean Rogers 61 r

* r

Dick Rogers (left) and Hal Harlan (right) settling the Irene Putnam endowment with the r Order of the Holy Cross Dr. Irene Putnam received a medical nam from going to Liberia, in West Africa. r degree from Rush Medical College, which Long after the death of her husband, she was later a part of the University of Chica decided that her fortune should go to a go. She had practiced medicine on an Indian Kansas college. reservation for a few years, then after the President McCain contacted Richard D. death of her husband in 1941, she moved to Rogers and J. Robert Wilson to provide help her brother's farm north of Winfield. She did for Dr. L. Irene Putnam in any way that she have great wealth in spite of her appear wanted. Later, when Ken Heywood became ance. She and her husband had accumulat r director of the Endowment Association, he ed their fortune through wise investments. would often accompany Rogers on his trips She gave The Order of the Holy Cross some with Dr. Putnam. As time went by, Dr. Put of her money and much of her land, if they nam relied more and more on Rogers. There would send her to Africa as a medical mis was no mention of payment for his services, sionary, but full legal rights had not been and he received none directly, at this time. transferred with the gift. The outbreak and In fact, Rogers made many trips with Dr. spread of World War II prevented Dr. Put Putnam to help with problems on her hold- r 62 The Honorable Richard Dean Rogers ings at Salina or El Dorado, or other loca After a lingering illness, Alvin R. tions, and he paid expenses for both of them. Springer died at home March 16, 1956.17 He "She had low pockets and very short arms had given Rogers the office furniture and except for donations to universities." Some library by a bill of sale before his death. Dick expenses were paid for Springer and Rogers handled his estate, which was settled on in 1954 when they went back to New York April 22, 1957. With Springer's death, Hal for a friendly discussion with the Holy Cross Harlan asked Richard Rogers to come into I fathers at their monastery at West Park. his law firm as a partner. Rogers had earli The Endowment Association had er interviewed with Harlan for a post as a employed the firm of Springer and Rogers to claims attorney with the Farm Bureau and seek Dr. Putnam's wishes of giving her prop had gotten the job. They had a longtime erty to K-State, while the Order of the Holy acquaintance and other close associations. Cross hired the Manhattan firm of Harlan Sometimes they were on opposite sides in a and Johnston to resolve the legal entangle law case, but generally they were in agree ments involving Dr. Putnam's past and pre ment on public and private issues. Rogers sent plans. An agreement was worked out was interested in the offer but suggested late in 1954, which incorporated Dr. Put that the change be made at the end of the nam's wishes. Most of her land was turned year. But soon after Springer's death Harlan over to the K-State Endowment Association, was diagnosed with bone cancer and the with the Order of the Holy Cross receiving a idea of a partnership was dropped. Harlan > sizable payment for managing Mrs. Put died at age seventy-one on March 23,1957.18 nam's property for more than a decade. Her He had long been the chief counsel for property did include extensive land holdings Kansas Farm Bureau. John Stites had fin in the western Kansas counties of Ellis, Gra ished law school at the University of ham, Rooks, Rush, Trego, Gove, Ness, Lane, Kansas. By July, 1956, he was an associate Phillips, Barton, Rice and Osborne.16 Put of Dick Rogers in a new law firm.19 nam scholarships were established and a Dick Rogers had been a successful claims cooperative house, named for her brother, attorney for Kansas Farm Bureau. He suc was purchased. Eventually, Dr. Putnam was ceeded Hal Harlan as the Farm Bureau's encouraged to move to Manhattan into a General Legal Counsel—a position he held duplex on North Manhattan Avenue that for eighteen years. A former president of the 1 was purchased with her money. A graduate Kansas Farm Bureau wrote that Rogers student and spouse lived next door and pro helped them understand the various legisla vided her with whatever assistance she tive hurdles that would confront the insur needed. She became a well-respected mem ance companies owned by Farm Bureau. ber of the campus community. About 1958, "He also helped the farm organization to Dr. Putnam showed up at Rogers' office, understand the need for addressing taxation threw a large diamond ring on the desk and and budget matters, not just agricultural said, "You give this to Beth, and if you ever issues."20 get a divorce you must give it back." Finally, When Richard Rogers established a part some compensation had been paid by Dr. nership with John Stites in 1956, it was t Putnam for his efforts over many years. based in part on their acquaintance since J

) The Honorable Richard Dean Rogers | 63 Beta Theta Pi days at the University of assistant to Clarence Rupp, head of the leg Kansas. Stites was then an undergraduate, islative research department and chief lob s^ with a major in business. He lettered in byist for Kansas Farm Bureau. Like Rogers track each of his four years. When he gradu he graduated from Kansas State. He added a 0^\ ated in 1950, he moved to a job selling furni new dimension, close university connections, ture and floor coverings to retailers in New and longtime residence in Manhattan. He Mexico for four years. Then he returned to became the most astute office lawyer in the the law school at the University of Kansas partnership. The firm of Rogers, Stites and and, with completion in 1956, he moved to Hill moved to a location in the renovated Manhattan and partnership with Rogers. Safeway Building, known as the Profession ■pn They formed a good combination—Dick had al Building. Later they moved to rental space a knack for getting business, John was ener in the newly constructed Home Building and getic at taking care of business. John also Loan Association building. Compared to Dick liked the work of a trial lawyer. Several Rogers and John Stites, Hill had little incli years later Don Hill, son of Sociology Profes nation to seek public office, but he was active sor at K-State, Randall Hill, was added to in many civic and charitable causes. His the partnership. Atop man in his law class at early death was a real loss to the firm and to Washburn, Hill for two years had been an the community.21 0^

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fte&| 64 I The Honorable Richard Dean Rogers r The Honorable Richard Dean Rogers | 65

p^

Chapter V NonPartisan and Partisan Politics

A ccording to Judge Richard D. Rogers, "Two ways exist to practice law. One is Ljk never to get into a controversy and never make anyone mad. This way you get J^ Aprobate business. The second way is to take part in controversial measures and try to be a leader in good causes. Without any planning, I adopted the second method." This was the method of Hal Harlan, one of Rogers' Manhattan mentors. On the other hand, his other Manhattan mentor, Alvin Springer, avoided controversy and practiced jpt law with a large clientele who were involved in real estate and in settling estates in probate court.1 Support of controversial issues could mean that a backer of a particular program would lose on occasion. Rogers acknowledges that he "lost on quite a few issues." How ever, he agreed with Evan Griffith, banker in Manhattan and a leader of the Democra tic party throughout the state, that in "looking back after many years, on some issues the other side looks more favorable."

In this era Richard D. Rogers lost the thing for the district with Harry Crane, the only race for public office in his career. He Shawnee County chairman, without con IHI was a candidate for Republican precinct sulting those in attendance who were committeeman and lost by a single vote. angered by the affrontery. They vowed to Beth and he had just moved from an apart take over the county organization and they ment at 500 Humboldt and they could not did the next year when they ran Dr. Ralph vote in that election—their votes would have Ball against Henry Otto. A few years later 85^ made a difference. On his next attempt he Dick Rogers became county chairman, then was elected precinct committeeman. Later, district chairman, and in 1962, state chair he attended the county Republican meeting man of the . which elected Henry Otto as county chair In the late 1940s there was strong sup man. Next, with Charles Arthur, Dale Dun port in Manhattan for a change in the form can, Ivan Wassberg, Bob Wilson, and Arthur of city government from the elected mayor pi| Groesbeck, he attended the Republican dis and two advisory members of a board to sup trict meeting in Holton. These "young port or oppose his actions. Manhattan popu BWf Turks," all war veterans, wanted to be a part lation was growing rapidly in the late 1940s, of government, but Otto, who was also the the area inside the city limits, some 2.8 Republican state treasurer, organized every square miles, was almost completely occu- 66 | The Honorable Richard Dean Rogers

pied with lots covered by public buildings, contacted a representative and senator, the houses or businesses. When Manhattan's bill was introduced and it passed. In 1951, streets, parks, and town lots had been Manhattan inaugurated the new form of city defined in a survey made in 1857, it covered government with election of five commis i a grandiose two square miles. The city had sioners on the first Tuesday in April and grown by eight-tenths of a mile and more their installation on May 1. than ten thousand people in almost a hun Manhattan's first city commission under dred years. However, the early twentieth the new format was composed of Z. R. Hook, century City Hall on North Third Street, station agent for the Union Pacific, Ashley which also contained the city's only fire sta Monahan, pharmacist and owner of a drug tion, was bulging with city work and the old store in Aggieville, Harold Howe, dean of the building was obsolete. The part-time mayor graduate school at K-State, Lillian Bascom, i and a two-person board supervised the city's wife of Dr. K. F. Bascom, and Richard D. department administrators, making overall Rogers. Rogers was a member of the Man coordination of a larger, growing city gov hattan Kiwanis Club and several members ernment work force virtually impossible. A there suggested that he run for the city com better alternative seemed to be a city man mission. When the commission decided on ager government with some kind of citizen alternate Tuesday night sessions, that limit participation through elected members of a ed Rogers' participation in Kiwanis, which nonpartisan board of city commissioners. also met on Tuesday evenings. Lillian Bas None of the possible forms of city manag com received the largest vote—Dick Rogers, er government, in current state law, fit well who ran for a two-year seat, was second. into the Manhattan situation. Attorneys They replaced the three-person commission 1 Charles Arthur and Dick Rogers drew up a made up of Verne Boyd, Sam Charlson and bill that provided for a city manager-city Charles E. Rust. The new commission took commission government. A nonpartisan, their oaths of office from Judge Lewis five-person, elected at large, city commis McLaughlin of Marysville. They elected Z. R. sion would elect one of their number as Hook as mayor and named the city engineer, mayor. They would meet weekly or at other D. C. Wesche, as acting city manager. With announced intervals. Two of the commis in a month, W. B. (Barton) Avery was named sioners would be elected for four year city manager. terms—the others for two year terms, so Almost the first major problem facing the there would be rotation in membership on new city manager as the chief administrator the commission. The elected city commis for Manhattan was the great Flood of July, sioners could appoint a city manager to 1951, which drowned the downtown busi administer the city's day-to-day business. ness section, including the City Hall, and This governmental body was separate from forced evacuation of innumerable families the school board for Manhattan's schools, from the flooded area, a region of some four which served a slightly different geographi hundred blocks. City Manager Avery helped cal area and levied their own taxes. Arthur coordinate city activity from a location in and Rogers took their bill to Topeka. Neither the temporary Student Union on the cam knew his way around the legislature. They pus of K-State. Flood refugees, who had The Honorable Richard Dean Rogers 67

During this term as Manhattan's mayor the city faced many new issues, some the prod uct of the devastating flood of 1951. The r mayor's role was to serve as the city's unof ficial spokesman, conduct commission meet ings, and to perform other prescribed duties r generally of a ceremonial nature. In addi tion, Rogers kept in daily telephone contact with the city manager. Some issues before the city commission, though controversial, were decided expedi tiously. Manhattan's water was fluoridated with the expectation of protecting teeth, particularly of its younger citizens. Exten I sive new areas were annexed into the city. The Gross addition, later known as Northview, added an area one-fourth as large as the existing city. Houses there were inexpensive, built especially for people whose homes had been damaged in the flood of'51. It seemed as though the effects of the flood had broken the barriers to adding new Dic£ Rogers, Mayor of Manhattan, 1952-53 areas into the city. Other new additions west of town were included within the Manhat nowhere else to go, slept in the newly con tan city limits. structed Ahearn Field House on the K-State Recovery from flood devastation of 1951 campus. It was a grim time for Manhattan— was a big issue for Manhattan and many r problems would have been exacerbated if other Midwestern communities. Soon after the older form of city government had been the cleanup of Manhattan was underway, a in place, even though the elected persons in banner was stretched between buildings previous city governments were good people. across Poyntz Avenue proclaiming that Intentionally, the role of city commissioners "Manhattan Will Rise Again—Better Than in both the old and new city government was Ever." And Manhattan did rise. In 1952 the part-time. Now a city manager could imple city was recognized by the National Munici ment decisions quickly to alleviate problems pal League and co-sponsors Look magazine arising from the flood. and Readers' Digest, with one of eleven All- r In 1952, Rogers was elected mayor by the America Awards. A new banner over Poyntz ■ city commission—Lillian Bascom had read, "Manhattan — Ail-American City — declined, Ashley Monahan nominated him 1952." Issues that had been made to present for mayor and Mrs. Bascom seconded the Manhattan's case for the award included: motion. At age thirty, Rogers was the citizen action producing a commission-city youngest ma,yor in Manhattan to that time. manager form of government; flood rehabil- 1 68 The Honorable Richard Dean Rogers itation without exceeding budget or by bor flight, and the mayor was one. Lt. Governor rowing money; purchase of the wrecked was on the eastbound plane and southeast area; parking improvements; citi used the occasion for a photo opportunity. zen concern for the homeless; enlarging the These initial Manhattan passengers, in city by more than 25%; renovation of the order to publicize the newly available regu Community Center and Douglass Center; lar flight schedule, were bound for Kansas voting airport improvement bonds; improve City to eat lunch with K.C.'s city manager. ment of parks with service club input; and Rogers' college speech professor, Dr. Howard planning for the future. T. Hill, wrote him a complimentary letter for Mayor Richard Rogers officially repre his success as master of ceremonies. Rogers' sented the city in the All-America award public speaking skills and his organizing banquet held February 4, 1953. It was procedures were paying off. attended by more than 200 people, including Closely related to the problems associat thirty mayors and city managers from ed with the great Flood of '51 was the pro Kansas. Upon receipt of the award, Rogers and con agitation for federal reservoirs in recognized the work of City Manager Avery, Kansas. The Army Corps of Engineers had former mayor Z. R. Hook, the cooperation of planned flood protection reservoirs in the President James A. McCain and Kansas Missouri River Valley since the early 1930s. State College, and Manhattan citizens in Their projects were numerous and expen general. He summed up his remarks, the sive and Congress was unwilling to fund last address of the evening, with, "Citizens these ambitious plans. One of the federal of Manhattan, I am very proud of all of you." government's most tenacious bureaus, the flflU Manhattan's selection for the "All America" Army Corps of Engineers, never gave up and award is recalled by Judge Rogers as the the devastation of the 1951 flood gave it the most significant happening during his first opportunity it needed. Through 1951 the year as mayor. Corps of Engineers had always gotten what The dedication of the Manhattan Munic it wanted, sooner or later. ipal Airport came April 19, 1953,2 during the The selection of Tuttle Creek on the Blue final month of Dick Rogers' first year as River north of Manhattan was made by a Manhattan's mayor. Rogers was the master private engineer in the late 1930s and put of ceremonies for the open house and dedi into the combined Army Corps of Engineers cation, climaxing some fifteen years of work and Bureau of Reclamation plan. Residents for the airport. Because of delays, fog, and of the Blue River Valley were uneasy and high winds, the whole program took four had organized some opposition to the idea of hours. One newspaper story said that twelve a Tuttle Creek dam. But the flood's devasta hundred people, crowded into the hangar to tion changed general perceptions. Realisti stay out of the cold wind, witnessed the cer cally, political decisions such as this, the emonies. Earlier, on the sixth of April six development of a large-scale program for people and 197 pounds of airmail letters flood control dams and reservoirs, would be (mostly for stamp collectors) got on the Con decided by the far more numerous down tinental plane, which did not arrive until stream populations who felt they received the time of the second scheduled eastbound direct benefits from such flood protection. M

The Honorable Richard Dean Rogers 69 ) Opponents of the Engineers' proposal for that. Eisenhower's first Congress had a Tuttle Creek were the several thousand Republican majority, but the First District ** farmers and residents of nine small commu Congressman from Kansas was a Democrat, nities in the Blue River Valley who would Howard Miller of Hiawatha. This new "anti- have to move if such a plan were imple p$) Big Dam Congressman" used his notoriety mented, and many nearby residents. to oppose additional funds for Tuttle Creek, Dick Rogers opposed the Engineers' and the Republican majority, seeking to cut plans for Tuttle Creek. He knew many farm appropriations, agreed. In 1954, the pro and ers and other residents in the Blue Valley. anti Tuttle Creek battle was fought out in His resolve was hardened by Alvin Springer the Republican primary with William Avery and Hal Harlan, his two Manhattan men of Wakefield, an opponent of Tuttle Creek tors, early supporters of the anti-Tuttle Dam, winning nomination. He won the gen Creek side in this political argument, and eral election against Miller, but Democrats HP} they had many ardent backers in Manhat regained control of the House of Representa tan. But the community was split on the tives. Their leadership interpreted Miller's issue. Many pro-Tuttle Creek sympathizers defeat as a change in mind by Kansans, who lived in Manhattan. However, resolutions no longer opposed Tuttle Creek. New appro passed by the Kansas House and the Senate, priations were made for Tuttle Creek, and and from bodies such as the Manhattan City the dam was completed and dedicated in Commission, were sent to Washington show 1960. Dick Rogers readily admits that he ing opposition to Tuttle Creek Dam. lost on the Tuttle Creek issue but, for sever fp^ Twice Dick Rogers went to Washington al years in the late 1950s, he was a counsel and twice he testified before a House subcom in the proceedings of property condemnation mittee in opposition to the Tuttle Creek issue. needed for the reservoir. Blue Valley "Belles" attracted national atten After his retirement from the City Com tion in the late summer of 1952 while their mission, Dick Rogers was appointed chair husbands were working with crops or animals man of a 13-person Committee on Flood Pro on their farms and ranches. The "Belles" tection by the new commission. This made direct appeals to presidential candi committee served an advisory function for jff^' dates Dwight D. Eisenhower, the Republican, the city commission, and it was expected to and Adlai Stevenson, the Democrat. lay the ground work for gaining flood pro Some money was appropriated in August tection works for Manhattan. As flood pro f "dog days" of the Congress in 1952 to get Tut- tection measures were considered by the v tie Creek Dam underway. A general Repub- Manhattan group and others in the Kansas _ lican victory that fall was considered a move River valley, their organizations were co- F against Tuttle Creek, but Kansas' First Dis opted by downstream proponents of big trict congressional race brought defeat for dams. Rogers was elected to go with the i^fi the longtime Republican Congressman who Kaw Valley Flood Committee to Washington had changed his mind on Tuttle Creek to voice support for the construction of Tut when he voted for the appropriation. The tle Creek Dam, which he opposed. There p First District had always elected a Republi- fore, he gave his resignation to the City L can until the Tuttle Creek issue changed Commission, stating that Manhattan's Com- r M||

70 The Honorable Richard Dean Rogers

The Honorable Richard Dean Rogers | 71 ipfr twentieth century, Manhattan has a single, parks, and on the city-owned sewer and very large high school in a commanding water facilities. In cooperation with the US location at the head of Poyntz Avenue, not state, adjacent highway development would far from the center of the expanded commu soon take major highways off Poyntz nity. Perhaps Mayor Dick Rogers' early sup Avenue. In addition, after a hiatus of sever ifff port of this location for the high school and al decades, new buildings and additions its subsequent construction there is one of were completed or under construction on the the most enduring evidences of his presence campus of Kansas State. in Manhattan. Earlier, the weekly newslet Dick Rogers' role as mayor of Manhattan ter from the Manhattan Kiwanis Club said, and in other public activities earned him the p^ "The Kiwanis Mayor of this town is to be accolade of "Young Man of the Year for 1952" highly commended for taking a stand on the from the Manhattan Junior Chamber of Moore tract and further to appear in so Commerce. The award, presented by the fpl many places expressing a factual presenta Junior Chamber's advisor, David Dallas, was tion of the relative merits of the Cemetery vs made at a banquet in the Wareham Hotel. the High School. This City, State, and Dallas was Rogers' employer a decade earli Nation needs people who take positive er when, as a college student, Dick was a stands, defending their points of view and part-time, relief motion picture operator. rising or falling on their merits."6 The ceremonial function of a Kansas During Rogers' first two years on the mayor was illustrated by the many ways in City Commission, many public improve which Dick Rogers represented the city of ments for Manhattan were initiated or com Manhattan. For example, he rode in the con r pleted. Some were the product of other units vertible driven by Chet Brewer representing of local government. These included the Manhattan in the parade in Abilene, June 4, start on the new city hall/city auditorium in 1952, recognizing Dwight D. Eisenhower. the eleven hundred block of Poyntz, just That day at a reception in Abilene, Mayor ,PpB^ south of the City Park.7 That land purchase Rogers was introduced to "Ike" who was completed several days before the peak inquired, "Did you ever get all the water out of the 1951 flood, which had a boat dock in of Manhattan?" "Yes, we did, and we're that block on adjacent Poyntz Avenue. The doing fine now," Rogers said. "That's fine," r school board began plans for a new high Ike said, shaking Rogers' hand again. "I'm school, while the city's cemetery board happy to hear that." Rogers had met Ike ear would accumulate additional funds for pur lier when his younger brother, Milton Eisen chase of a much cheaper cemetery site out hower, was president of Kansas State Col side the then existing city limits. The city, lege, probably at the time of the county, and school district cooperated on the Homecoming football game in 1947. purchase of land for a new park in north Manhattan's mayor was also on call for a west Manhattan, which was given the name variety of ground breakings and ribbon cut Ci-Co (SeeKo). Riley County Memorial Hos tings. He ate pancakes at R&G Market on a

-I lift pital and Lee Elementary School were in the new promotion, he took part in the dedica construction phase. Major improvements tion of a new church building for St. Luke's were made on street lighting, on streets, on Lutheran Church, he attended and wel-

fW 72 The Honorable Richard Dean Rogers

corned the installation meeting of the Stites, at the same time. He was reelected Kansas Association of Real Estate Boards, without opposition in 1956 and served as i he spoke to area 4-H clubs, he spoke to the county attorney from 1955 to 1959, when

Junior-Senior High PTA on city government, John Stites succeeded him in office. Dick J to elementary school PTAs, and to Manhat served as Stites' assistant county attorney, tan's annual Ft. Riley-Manhattan Chamber and one week when Stites was out of town of Commerce dinner. There were many sim Dick had his most demanding and involved 1 ilar activities throughout the year. time in the office of county attorney. A grocer Other business in the 1950s for the law and butcher, Millard Moore, shot his wife 1 firm of Springer and Rogers included helping and then cut off both hands in his electric J to arrange Reconstruction Finance Corpora meat saw. Rogers filed the murder case. The tion loans for people whose property was same week a lady hanged herself, which 1 damaged or destroyed in the flood, and in required an investigation by the county representing the State of Kansas on condem attorney's office. Also, a student was run nation cases of land along the route of a over by a boat on Tuttle Creek and killed. 1 planned four-lane highway around Manhat Another investigation was needed. Indeed, tan. Eventually Rogers was invited to serve that was a sorrowful and busy week! on the board of directors of the First Nation For many years there had been a slow 1 al Bank of Manhattan, of the Leonardville local and regional buildup in favor of a State Bank of Leonardville, and of the Home Prairie National Park somewhere in the 1 Savings and Loan Association of Manhattan. Flint Hills. By the late 1950s this proposal The law firm also examined land abstracts identified slightly more than thirty thou for the Manhattan Mutual Life Insurance sand acres of prairie land on the east side 1 Company, for the Home Savings and Loan of the Tuttle Creek reservoir as the best Association, and served as the Kansas coun site for such a park. Buffalo, elk, and other sel for land abstracts for the Metropolitan herbivores could be placed there in a nat Life Insurance Company. The firm of Rogers, ural setting, and the bluestem prairie could Stites and Hill was retained by Federal be studied and viewed in the proposed 1J Agencies, such as Farmers Home Adminis national park. Fred Seaton of Nebraska tration and the Federal Land Bank, to exam became President Dwight Eisenhower's ine land abstracts. After Hal Harlan's death, Secretary of the Interior in 1956. Seaton 1 Rogers became the Manhattan school board had grown up in Manhattan and was the attorney and general counsel for the Kansas son of the publisher and editor of the Mer Farm Bureau and its related insurance com cury-Chronicle, so the paper became an panies. A little later Rogers served also as ardent advocate of the new park and moved the school board attorney for Randolph. quickly to realize the ambition of having a 1/ In 1954 Dick Rogers was elected as the National Park near Manhattan. They Republican candidate for Riley County ignored the people who had provided the Attorney. County business was not then as groundswell of support for a park in earlier 1 demanding as it became in later years and years, apparently believing that the park he could easily take care of legal business of could be established administratively by Springer and Rogers, later Rogers and the Secretary of Interior.

/•J! The Honorable Richard Dean Rogers | 73 SUPT' Many people in Pottawatomie County In 1958, Richard D. Rogers was presi viewed the proposed park as another grab of dent of the Kansas Day Club. Rogers was taxable property from their county. Much followed as president in 1959 by James B. land on the east side of the Blue River had Pearson, state senator from Johnson Coun already been taken from the county for the ty. Formed in the late nineteenth century, Tuttle Creek Reservoir and removed from this Republican-dominated organization tax rolls. There was much other opposition, met annually on Kansas Day in Topeka, on but Dick Rogers announced his support for January 29 or a date close to the 29th. the new park, even though it was opposed by Habitually, Republican politicking got start Farm Bureau, one of his major employers. ed for the year in a big way on this date. Upt This issue was decided relatively quickly, Kansas Democrats, on the other hand, and Rogers did not spend much time on it. began their state politicking at the time of In looking back on this time in his life, their Topeka-based Washington Day cele l9l Rogers believes he may have been influ bration in February . enced in his decision by a recent reading of In 1958 Dick Rogers also gave the major the nineteenth century U.S. Senator from address at the annual Memorial Day service Kansas, John J. Ingalls' tribute to blue in Sunset Cemetery. He examined the begin grass. In any case, a congressional subcom ning of Memorial Day, its celebration and its mittee visited Manhattan and held a hear connection with the first World War, and ing where it found many reasons not to then he ended with "For our Time — it is our locate a national park east of Tuttle Creek. duty (a) to love and protect our country, (b) Moreover, with the superintendent of the to obey its laws, (c) to care for our wounded national parks, the subcommittee sought to and sick veterans and their families .... We land by helicopter in some of the pastures of must be always grateful for our country and the proposed site where they were chased off its heroes not just on Memorial day but on by an enraged tenant, who had the presence every day of our lives.." JBf of mind to invite newspaper photographers Inactive armed forces reservists were to the confrontation. dropped in the early 1960s. Richard D. For a variety of reasons Congress failed Rogers was given his "Honorable Discharge" |l|Sf- to support this national park scheme. In as Captain in the Air Force Reserves on looking back at this issue, Richard Rogers August 3, 1961. He had been attached to regrets that the Prairie National Park pro some portion of the armed forces since he Sp posal failed. He says that the "park could was old enough to register for selective ser have been acquired at a modest figure," at vice. Ironically, at almost forty years of age ft that time. There was a fear that "the land he registered for the draft for the first time. might be diverted to other uses and the In addition to his growing legal business, bluestem prairie would be lost." Later, the Dick Rogers became more active in the confrontation over the Z-Bar Ranch would Republican party and his involvement in have been avoided where an effort in the public affairs became even more complicat mid-1990s to raise private monies had a goal ed. James B. Pearson served as chairman of of a much smaller prairie park than the pro John Anderson's campaign for governor in posal of almost forty years earlier. 1960, and he asked Dick to help. Rogers 74 The Honorable Richard Dean Rogers knew Anderson when he was Attorney Gen eral and Dick was county attorney. Ander son's primary victory over McDill (Huck) Boyd in Riley County was totally unexpect ed, but an indication of Rogers' effort on Anderson's behalf. In 1962, when Anderson was seeking reelection, Rogers was his cam paign manager. Earlier that year, United States Senator Andrew F. Schoeppel died on January 21, 1962, and a few days later Gov ernor Anderson appointed James B. Pearson to Schoeppel's unexpired term in the Senate. At times in 1962, Anderson and Pearson, who was running for reelection to the U.S. Senate, traveled and campaigned together. Rogers was with them when they made a trip to the southwestern part of the state with a stop in Liberal. Frequently, Rogers would suggest various ways that Anderson and Pearson could meet voters. Both were reserved and somewhat introverted. Rogers Dick Rogers, Kansas Republican Chair was trying to get them to go up and down man, at the Republican National Conven tion in San Francisco, 1964 the streets, shaking peoples' hands. He exhorted them to "Get out there and act like you like people," to which a tired Pearson of his expenditures came out of his own said, "Damn it, Rogers, I do not like people." pocket.9 His retiring speech again empha When Anderson won reelection in 1962, sized the absolute necessity of party unity to Rogers was installed as the state chairman win elections. of the Republican Party. He also was Because of his role as state chairman, appointed to the governor's Atomic Energy Dick Rogers became a delegate to the Advisory Committee which had minor func Republican National Convention in San tions. Frequently Dick, who would at times Francisco in 1964. Dick was attracted to be accompanied by Beth, traveled around various Republican candidates and finally the state on business associated with the settled on William Scranton, governor of Republican party. Throughout his two years Pennsylvania, as the liberal Republican to as chairman, Rogers emphasized "the fact support. However, this was the convention that party unity wins general elections" and when the conservative backers of Barry he sought party loyalty from candidates Goldwater, as the candidate to oppose defeated in party primaries.8 During these President Lyndon B. Johnson in the fall years Republicans dominated state govern election, gained early control. ment. The Republican party did not have Supporters of Goldwater dominated the funds to compensate him for this effort—all convention from the beginning. Rogers The Honorable Richard Dean Rogers 75 arrived early because he was on the precon- vention resolutions committee. There he Pledged to Work for Riley County made an impassioned speech to amend the Richard Rogers resolutions with stronger emphasis on civil rights. Rogers felt that the Goldwater sup Republican for porters were limiting their appeal to voters ^ S t a t e by restricting civil rights and other issues Representative that long had been featured in Republican (40TH DISTRICT) platforms. There were too many opponents to Your vote November 3 the "big tent" idea of what the Republican will be truly appreciated r party should be. Early in the convention Rogers was invited, in a note signed "Barry," Richard D. Rogers to come and talk, but Rogers preferred to stick with Scranton and he did not respond to Goldwater's appeal. When the roster of the In 1961 Richard Rogers was elected to a states was read on voting for the Republican four-year term on the Manhattan City Com candidate for president, the Kansas delegates mission. Generally, city business could still voted 18 to 2 for Goldwater. Dick Rogers of be handled by the commissioners in a Tues - Manhattan and Jim Woodson of Topeka, who day night meeting every other week. In the was vice chairman of the Kansas Republican last year of his term, he was again elected Party, stayed with their opposition to mayor to serve for a year beginning May 1, Goldwater, who won the nomination easily. 1964. City business demanded more time of Goldwater had a limited appeal nationally commissioners than a decade earlier. Rogers' and was badly defeated in the general elec life was complicated even more by his role tion by Johnson in Kansas and elsewhere. during part of that time as chairman of the Following the convention, Rogers state Republican party, by his attendance at received many letters from Kansans who the Republican National Convention, and by endorsed his vote in San Francisco, but they his own candidacy and election to the likely represented a minority at that time. In Kansas House of Representatives in 1964. As the first few weeks following the convention a freshman representative, there was much his vote in San Francisco seemed to have free time. Most representatives in the sixties jeopardized his stature among the Kansas and earlier had only their assigned desk, Republican establishment. When the Repub with telephone, in the Representative cham lican Attorney General of Kansas publicly ber. They had no separate office—even one criticized Rogers and Woodson for their shared with other representatives. They did minority vote in the national convention, have access to a secretarial pool so they could additional support for these two mavericks dictate letters to constituents. During slack came from many members of the Kansas time at his desk, Rogers read many a land Republican party. Eventually their stand in abstract and took care of other business San Francisco failed to damage their overall associated with his law firm. reputation within Kansas, while the name of In the 1965 session, Rogers' legislative the attorney general was forgotten. f duties overlapped with his responsibilities as 76 | The Honorable Richard Dean Rogers mayor. The Topeka Daily Capital in a city government and the expansion of Man bylined article by Jack Coffman said, "People hattan's city limits paralleled the growth of have a hard time figuring out what to call population—22,993 in 1960, 27,575 in 1970. Richard Rogers. When he is home he is the Rogers' ceremonial functions as mayor were mayor. When he is in Topeka he is a state shared by other members of the commission representative. Until May he is both wherever while he was in Topeka. Still, he had time to he is. As mayor of Manhattan and Repub attend the groundbreaking for the Northview lican state representative from Riley County, swimming pool, ribbon cutting of the new J. Rogers faces the time consuming prospect of C. Penney Home and Auto Center, and similar sharing his time with the Manhattan City functions. Two years earlier he was the mas Hall and the Kansas House of Representa ter of ceremonies at the cornerstone laying for tives. From now until the eiid of the 1965 the new Manhattan Post Office. session Rogers, every other Tuesday, will While mayor Rogers also represented the have to shelve the problems of the state for a city at a local Kansas Power and Light com while and beat it back to Manhattan for a pany banquet to recognize Marion -J City Commission meeting. While the prob Boudreau, who received the National Safety lems of the state give every indication of get Council's President's Medal for saving the J ting a full going over this session, Rogers in life of a fellow worker who came into contact addition faces a full agenda of work govern with a hot, high voltage, primary conductor. ing a city of considerable population...."10 It was Rogers' duty to present the medal This juggling had been going on in Dick "granted only to those who have saved a life Rogers' life since the late 1940s when he was by resuscitation." Balfour S. Jeffrey, presi teaching four classes of business law at K- dent of KPL, chaired the program.11 No State and handling the office and courtroom doubt, Rogers made a good impression: less responsibilities for the law firm of Springer than two years later, while serving as a and Rogers. In fact, he had compartmental state representative and directing Jim Pear 1 ized his life as early as junior high school in son's senatorial campaign, he was invited to Wamego when he worked at the drug store, Balfour Jeffrey's office. He anticipated a went out for athletics and attended school contribution for the Pearson campaign. To classes. Dual and triple responsibilities had his surprise, Jeffrey offered him a position refined his ability to look briefly at a prob on the board of directors of Kansas Power 1 lem and arrive at a solution. He was a and Light Company, which he accepted. "quick study," and he worked long hours Of all his initiatives as mayor, the one every day to accomplish the many tasks that Rogers valued most was his support for a he assumed. When he played—he concen Human Relations Board for Manhattan. It trated on playing. When he worked, he was his responsibility to appoint the board,12 worked hard. And he had fun whether it was with consultation of other commissioners, play or work. and early in his year as mayor he spoke to As mayor of Manhattan in 1964-65, new members of the board. This agency has Rogers had daily conversations with City become a legacy of his time on Manhattan's Manager Homer Wesche, whom he had City Commission. He expressed his appreci known for many years. The development of ation for citizen willingness to deal with "an

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The Honorable Richard Dean Rogers | 77 area of social unrest and change that calls of great concern in these matters. The names for wisdom, patience, tolerance, and under of the Manhattan Town Association, the (IP4 standing in the solution of the many prob Cincinnati and Kansas Land Company, the lems that will be presented." He recognized New England Emigrant Aid Society, and the that the "task of this Board will not be easy. Beecher Rifle and Bible Society, all societies Any field, where citizens have sincere and with abolitionist connections, establish conclu conscientious beliefs in regard to the many sively that we must continue to advance the HfP facets of social problems and where emotion, ideas and traditions of our early founders." passion, and prejudice can be present, chal "But aside from an historical background, lenges the wisdom and ingenuity of those it is the more important and compelling people charged with the responsibility of motivation that by reason of the worldwide providing equitable, fair, and just solutions." contacts of Kansas State University and the He further stated that the "problems of Ft. Riley Military Post and the diverse $p*^r denial of constitutional rights such as voting nationalities they bring to our community; privileges, use of tax supported institutions, we must now measure up to the responsibil and freedom of speech and assembly have ip^- ities of a truly international city even though long since disappeared from our community we are 2,000 miles from any seaport. Provin if, in fact, they ever were present. This is cialism is a thing of the past and in addition proper, for many years ago a great Civil War to our Christian beliefs of equality and jus was fought to establish that while states' tice, the self interest of our community rights are important, whenever they requires a deep understanding of the wishes, encroach upon individual rights and human desires, and motivations of people of other dignity, then states' rights must fall back. races—whether they are citizens of Manhat ifff' Likewise, in the field of public accommoda tan or visitors in our community from tions and in equal opportunities for employ beyond the borders of the United States." ment for every race, creed, and religion, He ended his appeal to the new Board by great strides have been made. This is also saying, that "Not all of these problems can very necessary to a proper working of our be solved. Some problems can be solved only form of government and in keeping with the by a gradual change in human attitudes, feC\ wishes of a just and humane citizenry for human understanding, and a diminution of the reason that every person of good will is long held beliefs and ideas. All races have and should be embarrassed and humiliated civil rights and many people sincerely when another citizen of a different race or believe that increasing the rights of one race religion is in any way embarrassed or in some fields decreases the rights of anoth

B% humiliated—let alone deprived of some er race. These attitudes must be recognized basic constitutional right." and we do not charge you with immediate "Manhattan, if for no other reason, needs solutions to all problems." to be a leader in the area under discussion by "However, with the calibre of this Board reason of our historical background. Like and the understanding and intelligence of Lawrence, Kansas, Manhattan was founded our citizens; progress will be made."13 And by free state people from New England and truly progress has been made by the Man Ohio and our history and background was one hattan Human Relations Board in the past

!p} 78 | The Honorable Richard Dean Rogers i thirty years. Subsequently, the City Com what is going to happen and when."15 Even mission provided for an office of Human though he was winding down his stint as Relations which handled immediate prob state chairman of the Republican Party and lems while the Board continued to serve an was in his first year as a member of the advisory role. Ten years after the Human Kansas House of Representatives, he still Relations Board was organized the Manhat had time to provide a thoughtful analysis of tan Mercury in an editorial analyzed this a significant topic in city activity. In 1987 a panel of Manhattanites, pacesetting action "for smaller communities fBQffi in the state" with comments mostly drawn Wanda Coder, Bill Colvin, Jean Dallas, Dick from Rogers' charge to the Board, which was Green, Les Rieger and Orpha Wesche, voted "effective rather than self-defeating. We secretly on the "Best City Commissioners genuinely believe that the board, now hav Ever." Their results were published in the ing celebrated its 10th anniversary, has not Manhattan Mercury April 12, 1987. The top only lived up to those original charges but five, in the following order, were Richard f1^ also has dealt effectively with ... most of the Rogers, T. Russell Reitz, Barbara Yeo, Terry problems that have come before it. Certain Glasscock, and Lowell Jack. A repeated com ly without having gotten off on the right ment from the panel was that Rogers was a foot, the Manhattan experience would have "progressive commissioner," "able to lead much less to its credit. Opposition and impa other people, who could communicate with tience still exist, to be sure, but thanks to a his opponents as well as his supporters."16 willingness to accept those original ground As a state representative, Dick Rogers rules and an ongoing dedication of purpose spoke in favor of fair housing legislation, of the board's membership through the echoing some of his thoughts presented a years the numbers in the extremes have year earlier to the Manhattan Human Rela diminished and Manhattan, while still hav tions Board. Rogers worked closely with A|f- ing a long way to go, is closer to its goals of Senator George Haley (Republican) of achieving what this and every other commu Wyandotte County17 on what was finally nity must in the area of human relations." u referred to as a "public accommodations Rogers strongly supported a capital bill." Representative Rogers urged passage improvements plan for the city. In a general of what he termed "compromise legislation," «B meeting in the City Auditorium in the last and he called the right to be secure from month he was mayor, he said there were six loss of employment and humiliation by rea advantages to a capital improvements plan. son of race 'a basic human and constitution "1) It assures the improvement projects will al right.'" It passed the House overwhelming be coordinated. 2) It allows stabilization of ly and got Senate approval without the tax rate. 3) It provides protection against significant change. Another issue which pressure groups. 4) It insures that projects attracted newspaper attention was an effort will be taken in proper sequence, construct to place statutory limits on damages for ed as improvements are needed. 5) It allows wrongful death, which had strong opposition planning by the finance and engineering in the House. This session also had a bill for departments. 6) If the program is approved a new state song replacing "Home on the A. by the public, the Commission knows just Range," which got nowhere.18 The Honorable Richard Dean Rogers | 79

Rogers chaired the successful reelection Republican National Convention. The posi campaign for the by tion required considerable travel around the jPT James B. Pearson in 1966. Earlier at the state and attendance at national meetings. dedication of the Manhattan Post Office cor When Beth had a responsibility for a pro nerstone, Pearson indicated his reluctance gram she continued to use music and songs to personal campaigning, based on his Vir with words parodying well-known hits to ginia background. Following his own reelec make a humorous point. On many occasions tion to the state House of Representatives in she had the cooperation of her husband or 1966, Rogers was heard when a new death her daughters in providing the rhymes or sentence bill was introduced. He outlined even singing the music. the history of the death penalty in Kansas, Also in 1968, the Kansas Senate seat showing that Kansas people had rarely exe became vacant for the district which includ cuted criminals in a capital crime. As a for ed Geary and Riley counties. Dick Rogers ilfllf mer Republican State Chairman he spoke became a candidate for the Senate, where out against the Democratic Chairman who the term was for four years. He had strong had downgraded six of the top Republican ^ opposition from the former Geary county state and federal officers. The topic was sheriff, but won election and began service broadened and Rogers included Governor in 1969. Typically, he was assigned minor W Robert Docking when he said that the pre duties at first, even though he had been in sent Democrat leadership in Kansas, "fol the legislature for four years. lows to the letter the pattern the national As senator, Dick Rogers felt the normal leadership is always avoiding, the hard and frustration of a majority legislator faced by necessary decisions that must be made in a governor of the opposition party. Robert responsible government. They always delay Docking had just been reelected to his third and take the easy way out and the problem term and had already served as governor eventually must be faced and solved by the longer than any previous Kansas governor. j$pp Republicans." He also stated that, "The Docking rarely provided a program, prefer Docking administration shines in one field ring to be known for his austere financial and that is the field of politics. Everything policies. The Coffeyville Journal took a look IPS? they do looks or sounds excellent but when at two recent speeches that were in agree you sweep aside the thin covering and real ment "that the legislature's performance ly study the proposal you find that they are was irresponsible;" one by Governor Dock actually doing nothing, excepting creating ing, made at Pittsburg, and one made earli jobs for the governor's political entourage."19 er by Rogers in the senate.20 Docking said When he completed his two terms in the that the 1971 legislature "posted a sorry house he was the Republican caucus chair record of cruel disregard for the needs of this man, vice chairman of the Insurance Com state." Senator Richard Rogers called the W| mittee, and on the State Affairs Committee action that prompted "additional cuts from and the Judiciary Committee. the governor's already inadequate budget On April 20, 1968, Beth Rogers was elect sheer folly, and evidences a distrust in the ed Kansas Republican National Committee- future of the state and the defeat of the woman by the twenty delegates to the 1968 legitimate needs of its people." Rogers held

PU 80 The Honorable Richard Dean Rogers that the "legislature on both sides of the when Judge Arthur J. Stanley retired on aisle has lost its cool. Like a blinded and April 1, 1971. Senator James B. Pearson wounded elephant, goaded beyond owed his appointment to the U.S. Senate to endurance, the legislature has turned on its John Anderson, and Rogers was a close tormentors with an energy born of the high friend. Senator Robert Dole, the new junior est frustrations." Rogers accused the gover senator, wanted someone else. Finally, they nor and his staff of being the tormentors and agreed on Justice that whatever progress had been made Earl O'Connor and they recommended him under Docking had been made "over the to the President. O'Connor was confirmed by direct opposition of the governor and in spite the U.S. Senate. Rogers maintained his of constant political attacks on the legisla interest in a position in the federal judiciary ture." Under Docking's management style and his time would come later. "state funds are near exhaustion . . . Every By the early , Rogers' public service thing possible was delayed at a much included frequent speeches to a variety of greater cost to future years." Rogers advo public groups. For example, in 1970 he sub cated that the legislature should "if neces stituted for Senator Dole in an address at sary, let the governor be the hero. I prefer the graduation ceremony for Manhattan that to the dismantling of this state." In High School. Several years later he substi other speeches at this time, Senator Rogers tuted for Senator Pearson when the senator denounced the budget cuts made in the clos was severely ill and could not make the trip ing days of the legislature and he held the to Kansas. He gave the keynote address to legislative session of 1971 to be the worst he assembled 4-Hers from all over the state at (MH had ever seen. Some of the Republican lead an early June 4-H Roundup on the campus ership held otherwise and sent a team of six of Kansas State. Many complimentary let Republican legislators to cities around the ters came to him for these presentations. state to "conduct seminars" for the news Both the Manhattan graduation and the 4-H media and others holding that their party speech emphasized old virtues and what to had reestablished itself by its belt-tighten avoid to get on in the world. Rogers fre ing.21 Instead, Rogers forecast financial cri quently served as master of ceremonies for sis. In a speech to the Communications Club the Manhattan Chamber of Commerce and at Kansas State University he remarked for other groups. His ability as an M.C. that "I hope in the next legislative session became well-known and his speeches were we regain our composure. I hope the crisis filled with references to literary themes, (SB we're going to be in in 1972 will see the gov often including poetry by well-known ernor and the legislature face up to their authors. Always they included jokes, some responsibilities." times, appropriate to the topic discussed. At At times newspapers were taking Rogers' times Rogers drew on his acquaintance with pessimistic speeches as an indication that Kansas history. Since he remembered much he would run for governor in 1972. Others of what he had read since childhood, Dick were assessing these speeches as Rogers' Rogers was again a "fast study." Most of his effort to get the nomination as judge of the speeches were prepared in half a day or usu federal district court in the position vacated ally no longer than five hours. The Honorable Richard Dean Rogers | 81 IP Other public service included member personal privilege." Unlike his comments a ship on the KSU Endowment Association, year earlier—this time he indicated "pride IP later known as the KSU Foundation, board and satisfaction" in being part of the 1972 of directors, and election as president of the legislative session. While the legislature organization in 1973. He also made presen had "not solved all of the problems or even pn tations to groups outside Manhattan and many of the serious problems," it had "laid had an active role in the Riley County Bar the groundwork for solutions" and that "the Association, the Kansas Bar Association, and problems of the state will be met." Rogers the American Bar Association. Since his recognized that legislative duties were arrival from law school in 1947, he had changing from earlier times, that the IP accepted the advice of Alvin R. Springer, his "Kansas people are more restless and inde mentor, and J. Robert Wilson, a good friend, pendent and in our representative govern to join as many groups as he could. He ment this carries over to the House and the jp became a member of many civic groups, Senate" while the "resources to solve the including the VFW, the American Legion, the problems are diminished," primarily

JUS) Elks, Manhattan Chamber of Commerce, the because of "disagreements between the Country Club, Rotary, Masonic orders, the executive and the legislative branches."22 Riley County Historical Society, the Good- In 1972, Rogers was reelected to the pi now Memorial Museum Association, and he Kansas Senate. He did not run for other had a longtime membership in the First offices suggested in newspaper rumors. He Presbyterian Church in Manhattan. One of held positions such as chairman of the pn his acquaintances remarked that he noticed Financial Organization Committee, vice that Dick was not a member of the Knights chairman of the Ways and Means Commit of Columbus. Through it all Rogers main PQ tee and chair of the higher education sub tained a close interest in his children's activ committee. In his second term as a Kansas ities, in public performances of musicals and Senator he advocated and supported the plays. He also watched K-State sports, espe "no-fault" automobile insurance bill. For a cially football and basketball games, and he "meet your legislator" session in Manhattan played an occasional round of golf. With his he listed nine priorities, beginning with the IPI family he accepted invitations to visit friends budget for higher education recommended in various parts of Kansas. On rare occasions by the Board of Regents. Others included a he joined with friends to go hunting—sever new school foundation finance plan with the 'PP al times out of state. While his parents had state assuming 50 percent of the cost of never taken young Bob and Dick on a family public schools to lower property taxes, vacation, times had changed and Dick and greater state participation in social welfare Beth took family vacations in Colorado and costs, a "Consumers Bill of Rights," and elsewhere. This busy, nonwork schedule other matters to relieve local governments ipn came in addition to Rogers' full commitment of rapidly escalating expenses.23 to public office and to active participation in The Kansas constitutional convention leadership roles in the Republican party. pn creating the basic law of the state had con Near the end of his fourth year in the vened in 1859. Most states with constitu Kansas Senate, Rogers rose "on a point of tions that old had held subsequent constitu-

:p$ 82 | The Honorable Richard Dean Rogers mw tional conventions to update their original Republican primary. Dick Rogers was Ben constitutions. Kansas voters always opposed nett's campaign manager and the race was a another constitutional convention, even tough one; Bennett won in the primary by though it was favored by a large number of 530 votes with about one third of the total. the bipartisan leadership in the state. No Bennett had to unite his party to win doubt Kansas voters were reluctant to turn against a popular "law and order" candidate. fffl^™ over too much power to a convention. They The general election was almost as close, were fearful that too much would be with Bennett ahead by 3,677 votes out of changed. So, at general elections in the more than 780,000 cast. Miller had been 1950s and 1960s, the constitution had been ridiculed for his manner of law enforcement amended gradually to drop certain elective and Bennett was ridiculed for his beard. A offices, to change two-year terms of elective six-thousand vote margin for Bennett in officers to four, to change the role of the lieu Riley and Douglas counties, site of the two tenant governor from presiding officer of the largest regents' institutions, made the dif fW4 state senate and have that candidate team ference.24 Bennett won his races in Riley and up with a gubernatorial candidate. The new Douglas counties with 70 percent of the votes governor would have an appointive cabinet when Rogers organized two late Friday night for the first time. The final amendments visits to beer halls in Aggieville and in were approved in the 1972 election, so in the Lawrence, where Bennett campaigned for 1973 session changes were implemented in several hours in each university town. the legislature. For example, a president Rogers had even recruited bodyguards in and vice president were elected to preside in case they were needed. Early in January, the Senate. Robert F. Bennett was elected 1975, the Senate was reorganized—Rogers president and Dick Rogers vice president. became president, replacing Bennett who Vice President Spiro Agnew's resignation had resigned to become governor. Rogers on October 10, 1973, caught the Rogers fam always called Bennett "the real governor," ily and the nation by surprise. Beth hap and their friendship was mutual. At the pened to be watching television and saw the inaugural festivities Beth and Dick Rogers, first report. Dick was in another room and the senate president, were third in line at she told him the news. Beth and other the Governor's ball, behind the governor, the national committee men and women were lieutenant governor and their spouses.25 consulted by President Nixon, who appoint "The year 1975 was not one to cut taxes," ed Gerald Ford, longtime Congressman from said senate president Richard D. Rogers Michigan, as vice president. When Richard near the end of January. The number of Nixon resigned as president August 9, 1974, requests for additional money to fund exist Ford became president. ing state responsibilities was too great to When candidates for governor presented plan a tax cut. Furthermore, there was a fes themselves early in 1974, Vern Miller, the tering problem of property tax assessments Democratic Attorney General, was the sole that had to be dealt with. There was too candidate of his party, while four candi wide a spread between assessment rates dates, including Senate president Robert F. between counties and within counties. A Bennett, sought the nomination in the possible solution would find the state ("TO

I The Honorable Richard Dean Rogers 83

nominated and confirmed as Chief Justice of the U.S. Military Court of Appeals in Wash ington.28 The federal district judgeship was narrowed to a two man race. Predictions were made that the appointment would come in April, but the month passed without an announcement. In the meantime, the r FBI made the usual investigation of a prospective federal appointment, and the American Bar Association conducted an r elaborate investigation with widespread ^E-Hi Tj* interviews of at least fifty lawyers and judges who knew both Anderson and Rogers. r Robert F Bennett and Richard Rogers By mid-July, the reports were in and Sena tors Dole and Pearson decided on Rogers for the position. Anderson would later r assuming a greater share of the tax burden, announce that the report by the American formerly the province of local school dis Bar Association had a negative effect on his - tricts. This issue would plague Kansas gov candidacy. Rogers was nominated for U.S. ernment for at least the next twenty years. District Court judge by President Gerald The year 1975 was also one with addi Ford, and the Senate Judiciary Committee tional discussion over appointment of a new interrogated him. He committed himself to federal district court judge to replace Judge eliminating the backlog in the court. After George Templar, who was retiring to senior some seven months of wondering what status. Three names of potential judges sur would happen, the U.S. Senate confirmed faced quickly, former governor John Ander Rogers' appointment on August 1, 1975, son of Olathe, state district court judge without having a formal meeting of the Arthur B. Fletcher of Junction City, and Judiciary Committee. The committee had recently elected senate president Richard D. been polled by telephone by Senator Roman Rogers of Manhattan.26 Hruska from Nebraska, the ranking minority President Ford came to Topeka in early member, and there was no opposition. February, 1975 to meet with ten Midwestern Rogers' appointment as U.S. District governors. While there he addressed a joint Court judge produced a chain reaction in session of the Kansas Legislature. Seated Kansas. He resigned from the state senate, behind him while he spoke were the gover and from the various boards of directors he nor, the chief justice of the supreme court, held except for the KSU Foundation, where the speaker of the house and senate presi his resignation was as president. His role in dent, Richard Rogers.27 In spite of the possi the law firm Rogers, Stites, Hill and Wilson bilities of appointment to the open position ended. Beth resigned as Republican Nation of U.S. District Court judge, the pace of al Committeewoman, and they sold their Rogers' involvement in the Kansas legisla house in preparation for the move to Topeka. ture did not slow down. A. B. Fletcher was Beth also resigned as organist of the First 84 | The Honorable Richard Dean Rogers

Presbyterian Church, a position she had for ment in party politics at the same time saw twenty-six years. In some twenty-eight him as precinct committeeman, county, dis- years of residency in Manhattan, Rogers trict and state Republican chairman. His f^pp^ had served almost as long as an elected Manhattan years had been busy and pro- member of the city commission and as ductive. His shoes would be difficult to fill in mayor, as county attorney, as state repre- the community he had called home for more H s e n t a t i v e , a n d a s s t a t e s e n a t o r. H i s i n v o l v e - t h a n h a l f o f h i s l i f e . J

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1 The Honorable Richard Dean Rogers I 85

Chapter VI wi Music, Literature and Humor pq In Wamego, the family had a radio so they kept up to date on the latest music. Music, literatureWilliam J. and Rogers humor had havea good always voice and been he partliked to of sing Richard at home. D. Rogers'He knew life.the ■m words to all of the old songs, including the funny songs. Both William and Evelyn Rogers were good dancers and they were current on new dance music. From an early age, Dick played a clarinet in the Wamego Juvenile Band. Beth Stewart, who became his girl friend and wife, was an accomplished musician and refined her musical inter est throughout her life. Dick's voice was good enough to sing solo parts in high school m musicals and in other performances, and he developed an ability to memorize words [ a n d m u s i c . m Evelyn Rogers instilled in her sons a craving for literature. Both Bob and Dick spent many pleasant hours reading in the Wamego apartment. They read much from the small public and school libraries in Wamego. In later years, Richard D. Rogers invari ably kept an unread book handy so he could read, and his own library was systemati cally augmented with new books. ■" During his growing-up days Dick quickly learned that his dad, and his dad's broth- L ers and sisters, all had good senses of humor. The Rogers siblings kept in close touch _ through a monthly round robin letter which was filled with stories. In addition various town characters spent much time in the Wamego Drug Store, where lots of humor and humorous ribbing took place. Dick worked there during his junior and senior high school days, and he memorized many of the favorite poems of the drug store crowd. He learned not to take himself too seriously. Also he learned to take humor directed at him m by others as well as to deliver a humorous repartee.

Beth and Dick Rogers proved to be a tap others to provide help. Dick was in the ■ capable pair in providing music and humor- "Hospital Capers" for the benefit of the Riley ous words to fit any occasion. Beth was usu- County Memorial Hospital. Beth, on the ally the accompanist and Dick would per- other hand, organized musical presenta- form, or when Tish and Cappi got older, they tions for a wide variety of organizations might take the spotlight. Also, they might within Manhattan and throughout the

PP) 86 The Honorable Richard Dean Rogers state. Popular classics were included in a "Melody in Music," presented in Wichita's St. James Episcopal Church, and "Mame" was provided for a state PEO convention in Belleville. Beth, Tish and Cappi gave a pro gram for legislative wives at a luncheon at the Hotel Jayhawk. Beth found time to play the organ for a K-State presentation of "My Fair Lady," but admitted that home, with all of the activities going on during Dick's sec ond year as Manhattan's mayor, was like Grand Central Station. Beth frequently played the organ for weddings and funerals.1 Dick committed to memory many of the poems of "Ironquil," a Kansas lawyer-poet named Eugene Fitch Ware, from Ft. Scott. Sometimes he would recite a poem or para Dick Rogers (second from left) in "Hospital phrase it in a manner to name names and Capers" to benefit the Riley County Memor humorously point fingers. Invariably, Dick's ial Hospital public speeches contained quotations from well-known authors, and he drew on a wide range of sources. circulation among legislators and lobbyists." Few of the musicals staged by Dick and Rogers explained that "Somebody needed to Beth Rogers got as much attention as the provide a few laughs when things were get one presented near the end of the 1969 leg ting grim. We did one and it got so much islative session. Ray Morgan, the Kansas comment that we decided to try some oth correspondent of the Kansas City Star, ers." recorded it for his paper under the heading, "When it appeared that the legislature "Senate Poets Lance Bluntly in Kansas Leg was not going to be able to adjourn by its islature." Morgan wrote that, "Among other orginally scheduled April 12 date, Rogers, things, the 1969 Kansas Legislature will be under the pen name of Henry Gibson remembered as one of the few to have their Rogers, parodied the poem, 'September'": actions recorded for posterity in doggerel." He credited "Senator Rogers and his wife, "The lobbyists flaunt their harvest Mrs. Beth Rogers, currently Republican In every dusky nook national committeewoman for Kansas," As the days speed by, their faces who "have long had a proclivity for staging Achieve a desperate look. musical revues and burlesques for G.O.P. groups. It was in this spirit that the four From the Jayhawk rooms at morning poems which make up the basic literature of The grapes' sweet odors rise; the 1969 legislative epic were created by The legislators' stomachs flutter Rogers and his wife. They had widespread With yellow butterflies. fpH

The Honorable Richard Dean Rogers 87 With all these lovely tokens In his castle at Cedar Crest." September days are here, With summer's best of bourbon Even with leadership from the same And autumn's best of beer. party, the House and Senate might disagree on important legislation. In 1969, the House It now appears apparent favored extension of toll roads. Rep. John If someone's will won't bend; Hayes (R, Hutchinson), a strong proponent pm The legislative session of additional toll roads, had opposition from Will never, never end. Rep. Arden Dierdorff (R, Smith Center) who was chairman of the House roads and high We will go on forever ways committee. The result was "Johnny Like the Flying Dutchman's ship, Had a Little Dog." 'Til we grow to hate each other ipi And die in combat grip." "Representative Hayes had a turnpike bill, When there was sparring between the Its fleece was white as snow two legislative houses, Rogers parodied "The And everywhere that John Hayes went Children's Hour," in which he mentioned This dog was sure to go. Rep. Clyde Hill (R, Yates Center), Rep. Bill Fribley (R, Crestline) and Rep. Pete McGill It followed him to the Legislature one (R, Winfield). Four of the verses were: day, ip It was against the rule. "From my Senate desk, I see in the lamp It made the legislators laugh and play

IP light To see the dog in school. Descending the broad hall stair Grave Clyde Hill and Laughing Bill Frib Arden Dierdorff put it aside ipi ley And yet it lingered near And Pete McGill with the golden hair. And waited patiently about For the highway veto to appear. pw A sudden rush from the stairway, A sudden raid from the hall 'What makes this dog love John Hayes By many doors left unguarded so,' |p They enter our castle wall. The eager legislators cry 'Cause John Hayes loves this dog, you pi They climb up over the podium know,' O'er the back of DeCoursey's chair Speaker Strowig did reply. If we try to escape, they surround us ^^ They seem to be everywhere. And, you, each gentle animal In confidence may bind They almost devour us with kisses, And make them follow at your side, Their energies give us no rest, If you are always kind." They have even captured the governor

pt) 88 The Honorable Richard Dean Rogers I knew in a moment it must be Ways and Ray Morgan labeled the parody of i Clement C. Moore's poem, "The Night Means Bill. Before Christmas," as the "piece de resis More rapid than eagles his followers they GUI tance of the poetic anthology of the 1969 ses came, j sion." Mentioned were legislators Fribley, And he whistled, and shouted, 'Heel,' and Glee Smith, and others and also Rev. Roy C. called them by name; Holloman, leader of the Kansas United Dry Now, John Hayes! Now Euler! Now, Borgen Forces. and Brown! On Everett! On, Dave Mills, We're taking "Twas the night before adjournment and this town!

across the hall at the House We're off to the third floor to take over the (SW1 Not a Senate bill was stirring; we're treat hall! ed like a spouse; Now dash away! Dash away! Dash away, The bills were all listed in the calendar all! with care, As dry leaves that before the wild hurri In hopes that Bill Fribley soon would be cane fly, there; The senators are scattered, they fear the The senators were milling around drinking evil eye. their pop, So up to the third floor the invaders they

Well aware of the fact their pay would soon flew. J stop; With their arms full of dogs, as their trad And Glee in his office, with DeCoursey tak ing stock, too. pus ing the rap, As I drew back my head and was turning Had just settled down to a long morning around, nap. At the door of the Senate came the pirate When out in the corridor there arose such a with a bound. clatter, He carried scotch and bourbon over his I sprang from my desk to see what was the shoulder in a pack; I matter. Quick as a flash he had Reverend Hol- Away to the hall I flew like a flash, lomon down on his back. To make sure that the turnpikes hadn't A wink of his eye and a twist of his head, ) stolen the cash. Soon gave me to know I had everything to fPE9| The lobbyists were standing around in a dread; i row He spoke not a word but went straight to J With their red noses giving light to objects his work below, And stripped every senator, I stood like a I When, down the rotunda there came into jerk, view, And laying his thumb to the point of his A Lincoln Continental, that was just brand nose, new, And giving a sneer, to the fifth floor he With a youthful driver, who was over the rose; CHS hill, He sprang to his Mark IV, to his gang gave j •m

The Honorable Richard Dean Rogers | 89 a whistle, That she had a son who had a friend And away they all flew like the down of a who knows when the energy crisis* will ppi thistle. end. But I heard him exclaim, ere he drove out of sight, ^Watergate Mess; Nixon Mistakes; Dock I've whipped you again and to all a good ing Regime night." During his service in the legislature and A poem which Dick Rogers would recite elsewhere Dick Rogers maintained his loyal on occasion, with various timely problems ty to Kansas State University, where he got inserted in the last line, was: his undergraduate degree, rather than Uni versity of Kansas where he got his law Absolute knowledge I have none, degree. Senator Wint Winter, a KU alum, HSs| but my aunt's washerwoman's sister's was the target of the following poem. son spi "Winter had a jayhawk Heard a policeman on his beat say With feathers red and blue to a laborer in the street And everywhere that Winter went That smart-aleck bird went too. That he had a letter just last week written in the finest Greek It followed him to Iowa Then on to old Mizzou From a Chinese coolie in Timbuktu And as it preyed upon these folk who said that the negroes in knew It's ego larger grew.

Of a colored man in a Texas town So this cocky bird did strut p^ who got it straight from a circus clown Around the great 'Big 8' Eventually on up the Kaw That a man in the Klondike got the news To take on old K-State. from a gang of South American Jews But Willie Wildcat stood his ground About somebody in Borneo He was prepared to fight who had heard of a man that claimed to And so began the battle know On that February night. p^ Of a swell society female fake They clawed and scratched and even spit whose mother-in-law would undertake A gruesome sight indeed Willie triumphed, quite unscathed To prove that her seventh husband's sis The Jayhawk, whipped, did bleed. ter's niece PH had stated in a printed piece And so the ending is at hand Old KSU did win

85) ■

90 | The Honorable Richard Dean Rogers

If you're a Hawk from Ole' K.U. Well, you've been whipped again!"

After one Jayhawk victory over the Wildcats, Winter brought the Jayhawk mascot into the Senate, to the delight of assembled senators. After much bantering, involving wearing of purple and white caps or red and blue caps, things settled down, and Rogers said, "Get that revolting bird out of here!" About 1968 in a long "Senate Floor Poem directed at Governor Docking," Dick Rogers wrote,

"Legislators have said the best Dick Rogers, president of the Kansas Sen Of the occupant of Cedar Crest ate in 1975, confronted by a Jayhawk But it is difficult to treat with regard A man who beats your back so hard. We all knew since a January morn It's hard to hold in great respect That tax increase is his tax reform. This jockey riding on your neck He says the state is going broke To tell the truth he doesn't care Bill Avery swallowed this artichoke. If the property tax leaves us all bare He's a Phi Beta Kappa so he should know The more the Governor pleads his case That 27 million helps the school tax so. The worse he is going to look It will take more than Tom VanCleave His highway plan is particularly bad To get him off the hook. He won't face facts and gets so mad Turnpikes went out with the buggywhip Without a doubt he takes the prize The Titanic must have been his ship. He blames it on the other guys As a politician he is the best But as a leader he needs a rest. To put it as kindly as I can We should not sustain this man The Governor points to this Senate On this one point you can be sure Says he's embarrassed and ashamed His recent blast is just plain manure. For 3 years he's furnished no leadership His shotgun is poorly aimed. And now because the executive branch Is in a hell of a mess He says what people want to hear I'll exercise my god-given right He fools the citizens far and near Mr. President, I vote Yes'." The Honorable Richard Dean Rogers 91

Rogers made a few additional remarks They're all depressed and they show it. about "unfair and misleading attacks upon So they're spending the day running the legislature, for the sole purpose of jparti- around, san political gain" and he asked that his They're bluestem bound. "remarks be printed in the Journal" of the Senate. Shelby, Van Bebber, and Brauchi Rated as the best legislative parties by Cruisin' as fast as a Lockheed |P| Richard D. Rogers were the Bluestem Din Oh, they're yuckin' it up ners financed by the railroads. The first So don't you wait up Bluestem Dinner made reference to a noon They're bluestem bound." PI drinking luncheon involving Rep. Shelby Smith, Rep. Tom Van Bebber, and Rep. Tony A final verse sung to "Consider Yourself Brauchi. Brauchi had a new car and Van was: $pl Bebber said, "Wouldn't this be a great after noon to take a ride in your convertible?" So "A call of the House is on

3p Smith, Van Bebber and Brauchi took off and And Speaker McGill is hot headed for Alma and a famous eatery there. But bluestem draws our little fellows Avery important vote came up in the House to its breast and Speaker Pete McGill issued a "call of The bluestem boys chose their lot. the House" for the vote, and he needed the Abortion and the school finance three sure votes that Smith, Van Bebber and can go to hell pp} Brauchi would provide. The Highway Patrol The bluestem life's really swell." was asked to locate them—but they could not be found. After the vote was lost, the To the tune "Daisy, Daisy" the first verse three called in late from the Alma Hotel and was: the Speaker was so angry he would not speak to them. "Speaker, darling The second annual Bluestem Banquet, Leader of all the House with Dick Rogers as M.C., gave his version You're my buddy of that "gregarious group, better known as Certainly you're no slouch Winkin, Blinkin and Nod, [who] finked out You've taught me the joys of power on their fellow legislators one day in the 'P I learn more every hour midst of a hectic session, and with reckless 'Cause you're the best abandon, embarked on an afternoon drive None will protest W^ through the historic Kansas flint hills." You're our champion from Winfield town." Eight popular songs were sung with words appropriate to the roasting of fellow legisla In a lampoon of the M.C, Dick Rogers, pa^ tors. The M.C. poked lively jibes at various the words for one of the first of four verses of legislators between the songs. To the music "You Make Me Feel So Young," were of "Side by Side" the first two verses were: up. "Oh, the state's gone to hell and they "I want to be a judge know it. I want to be a courtroom drudge

pt 92 | The Honorable Richard Dean Rogers I want to make decisions like old the attempt of Missouri to build a prison Justice White and Justice Douglas do" across the river from St. Joseph adjacent to the northeastern Kansas county of Using the tune "Who" was an "Ode to Old Doniphan was incorporated into the mono Shelby," while "It's Just One of Those Things" logue. The Missouri river had changed had words for Governor Robert Bennett. The course so that a small piece of Missouri was governor was also roasted to the tune of west of the river. Also in the news was the "Release Me" where the first three verses remodeling of the governor's mansion and were: all of the problems involved. The first musical number was, "B E Dou "Please release me can't you tell ble N E TT That's the Governor." "Ode to the I've cast my lot with Fletcher Bell Speaker," followed which contained the And old ain't that slow verse, Release me and let me run my show. "Oh, the House is a circus and the Senate a zoo You've got Storey on my back With animals loose in the halls And D.O.T. is catching flack And then the Speaker takes hold with a Those orders that you think are swell manner so bold Have cowboys all cursing me to hell. And they tremble whenever he calls With a whip and a chair then he enters Oh, my bearded friend you know his lair That the Speaker loves you so Hitting Carlin direct in the !" But I'll protect our state so drab Release me from your old power grab." Other songs included "Governor How I Love You," to the tune "Swanee," and "We The final number "British Rose" was a Got Confidence," reputedly a strategy ses tribute to Olivia Bennett, wife of the gover sion in the governor's office. A series of song nor. Closing words from the M.C. were "We dedications were read, "From Gov. Bennett thank you for bearing with us throughout to anyone: Somebody Loves Me, I wonder this roasting this evening. It was all in fun Who, I wonder where they can be." Also, WS with no malice intended. We sincerely thank "From Gov. Bennett to Sen. Gaar. I'm Gonna Henry Rockefeller Schulteis for financing Wash that Man right out of my hair." A third this delightful evening and I ask that we dedication was "From Sen. Storey to Mary PS pay him tribute with a rousing round of Turkington: I've grown accustomed to your applause. Thank you all — we love you and face." And finally, in recognition of strong TO good evening," and the 1974 Bluestem Ban support for capital punishment, "From the quet came to an end. House to Sen. Reilly: Don't hang around much anymore." w^j The format for 1975's Third Bluestem In letters covering much of Dick Rogers' dinner was much the same, even the direct professional career, there is communicated Pt!^l ing of "remarks to the original bluestem evident affection for the correspondent. Fre Threesome." Current political news, such as quently, there was kidding, such as shown in

f»*S The Honorable Richard Dean Rogers 93 a letter to J. Robert Wilson, dated October a few minutes later with a few jokes, 19, 1955. "I was thinking about our Weight recounting that morning's trip to the "Y" fpl contest and at the same time was looking That early morning schedule became an over some wild life stamps and for some rea expected feature and early morning hearings son the thought of you flashed into my mind. as well as late afternoon hearings were not I enclose the picture which reminded me of out of the ordinary, as seventy-hour weeks the way you looked just before you stepped became a standard. The only thing "that on the scales." Pasted to the letter was a pic kept it from really getting out of hand was ture of a walrus. Two excerpts from letters the fact that the Judge was concerned about from Robert F. Bennett—first on April 6, the health and welfare of our court reporter, 1978, "Which reminds me, and I am sure who at that time was Russ Ingram." you know, in China this is the year of the The long, hard hours were sprinkled horse. The Legislature is only celebrating with good humor and many stories. Prentice i^ the last half." From a letter on January 25, recalled about the Judge, "nobody likes a 1979, "You are surrounded by old friends. joke more than he does. He's told more bad You are within a stone's throw of Lincoln, a jokes than anybody I know, more good jokes pebble throw from McGill, and immediately than anybody I know, and just more jokes adjacent to a smiling Chancellor (in the days total than anybody I know. No one enjoys when the honeymoon was not over) and the humor more than the Judge. He's really just gesticulating King of Sweden, not to men great about that. And lots of his jokes are at tion your juxtaposition to the south end of his own expense. In fact, he laughs more two north-facing hunting dogs. I am sure than anyone else, and certainly his law you also will be overjoyed to know that, clerks always felt free to do so. There are a though I have no northern view, you are in a few of you who certainly know about the position where you could sound the alarm genealogy letter, the found suitcase, and the for approaching glaciers though frankly it tuxedo, and some of the other stories."2 pf^ might be too late." Prentice also remarked about the feeling Judge Richard D. Rogers' law clerks and of humility about Judge Rogers. He enjoys pro se law clerks have a fund of stories, fre visiting with everyone and treats "people S$l quently humorous, about their judge. Very the same whether they're at the top of the quickly he treated each one as family. One of social ladder or at the bottom." Prentice also the first clerks, Robert A. Prentice, remem added a paragraph of "in-house" jokes which bered that he interviewed about 30 seconds were identified by key words. They were, "on for the job in Rogers' office in the state capi- behalf of your Larry R. Browns, and your tol. He recalled his first day on the job, how IPI sheep-faced loons, and on behalf of all of us he wanted to get there on time, so he arrived who were a little broad in the beam or ugly at 8:00 a.m. only to find the judge and the and abused the privilege, or were mistaken other law clerk hard at work. So the second for Jersey milk cows, on behalf of all of us day he arrived at 7:00 to find everyone who ever fell apart like fifty cent window- already there. The third day he got there at shades or wandered around like geese in the HP 6:30 and found Martin Bauer, the other law moonlight, on behalf of all of us who weren't clerk already there and the judge breezed in known from Adam's off-ox or were ever r 94 The Honorable Richard Dean Rogers

PRSS ready to fish, fight, or fool around, and on "If it please the Court, it is my honor to behalf of all of us who ever thought it was reply to the accolades received here today. better to overdress than to underdress."3 Such accolades have been complimentary At the time of the presentation of the offi and have shown great tolerance of my many cial portrait of Judge Rogers in 1990, an faults, and the errors of judgment that have elaborate plot was planned by the two law occurred herein have risen and are glued to clerks, James L. Prentice and Will P. Haley. the ceiling of this room. Frankly, I have They were responsible for unveiling Dick dreaded this ceremony. I have suggested Rogers' portrait. Aware that their plan might several times to our Clerk, Ralph DeLoach, pose problems they consulted several days that we simply hang the picture in the hall before with the Judge. He wondered about it and hope that it will not frighten the Boy then telephoned Judge Van Bebber to ask Scouts on naturalization days, (laughter) what he thought. He said go ahead, but they This statement has to do with the subject of told the artist who had painted the por the portrait, not the outstanding ability of <*B trait—they didn't want her to have a heart the artist. However, history and tradition attack. The following is the report of what mandate that we proceed with a ceremony." happened. "Pat Haley and Jim Prentice "I was further reluctant to proceed with approach the easel in the front of the court the ceremony because I feared the speakers room. As they reach the easel, Pat Haley might surprise me with revelations about my flWS trips and falls into the veiled portrait, stick past career, and I dislike surprises." And he i ing his arm through the frame. Members of told one of his prize stories about a burglar the audience [gasp then they] laugh as they being surprised by a "huge Doberman dog" begin to realize that the veiled picture is a named Jesus. Judge Rogers further tied the / sham. The law clerks remove the imposture portrait unveiling to his swearing-in of fif from the courtroom and return with the teen years earlier, when he had quoted from CTBR authentic portrait of Judge Rogers, which is Kahlil Gibran, by reciting other words from J unveiled."4 Chief Judge Earl E. O'Connor, the Lebanese poet. Judge O'Connor Witt who was presiding, never missed a beat. He remarked in closing the ceremony that "this introduced the artist on schedule, then he was a delightful occasion. I've attended a said, "I move on in this program with some number of these, but I don't think that I have trepidation here with our honoree." ever attended one where I felt the dignity of 1 Some of Judge Rogers' remarks were: the Court had been in greater jeopardy."

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The Honorable Richard Dean Rogers 95

'P8 Chapter VII j; United States District Judge August 7, 1975 - December 31, 1988 PI

Kansas in a sizable court room on the east end of the third floor of the U. S. Post RichardOffice D. Rogersand Court took House the oathin Topeka, of office Kansas, as United on August States 7, Judge,1975. This District large, of imposing, walnut panelled room had served the district court for almost fifty years and P) had been used earlier by Judge George Templar who had taken senior status the pre vious year. Rogers took over Templar's office nearby, a big corner room with windows facing both east and north, adjacent to a still larger room that served as the court's library. Smaller offices for court staff were also on the third floor. Rogers' commitment to reducing the court's backlog of cases found him and his staff ip^f coming to the office as early as 6:30 a.m., with departures often twelve or thirteen hours later. Sixty and seventy-hour weeks were usual. Two law clerks, initially Robert A. Prentice and Martin W. Bauer, kept up this strenuous schedule and came to like and even love their hard-driving Judge whose joy in the work permeated the whole staff. pl One pro se law clerk, Leslie (Granger) Prentice, at first worked for all of the district judges to process a heavy case load of petitions coming from federal and state prison ers. When court was in session there were other personnel in Rogers' courtroom, Ralph PH Gomez, the courtroom clerk, and Russ Ingram, the court reporter. The clerks and the secretary, Beverly Probasco, who had served Rogers in the state senate, were soon pP? treated by the Judge as family. They listened to his stories and his jokes and he listened closely to whatever they had to say. In 1977 Larry Mundy replaced Martin Johnson followed Ralph Gomez as Court Bauer as law clerk. Both Mundy and room Clerk and she was replaced by Robert Prentice resigned in 1980 to be Sharon Stark. Court Reporter Ingram was pi replaced by Robert's brother, James L. replaced by Debra Scott. After Beverly Prentice, and William P. "Pat" Haley, who Probasco retired, Patricia A. Stones became have served ever since. Later pro se law the secretary. clerks included: Lori Fink, Tracy Venters, When Richard D. Rogers moved his fam Rachel Lyle and Connie Hamilton. Cindy ily to Topeka in 1975, he and Beth Rogers PH 96 The Honorable Richard Dean Rogers were severing close ties with the Manhattan Judge Rogers has frequently termed his community. A location some ten miles out years as a United States Judge as the best side Topeka, near Auburn, was the site of years of his life. His general response to any their initial home. It had a big house with a thing is an optimistic view about any part of swimming pool and a horse barn, all on his life. The only time he particularly felt thirteen acres. Four of the horses were moved outside the overall community was when he along with the family furniture and keep was a student at Kansas State—his football sakes. Tish was married to Jim Concannon career went awry when his left shoulder was and working in Governor Bennett's office. repeatedly separated and let him down, and Cappi was a student at Kansas State Uni his association with a fraternity caused him i versity and Kurt was attending a nearby to feel he was a poor boy in a rich boy's soci middle school. ety. Nevertheless, his remembrance of his K- Dick Rogers made the transition to a new State days in later years recalls his athletic community easily. He plunged into a variety career and his fraternity experience as a 1 of community programs, free of partisan poli growing up time—that his overall impres tics, which had been a big part of his life for sion of his undergraduate college years was many years. He was active in the Topeka positive—he had good instructors who pre YMCA, on committees promoting Railroad pared him for involvement in a world war Days on Labor Day weekend, and similar com and in the times that came afterward. munity projects. He soon learned that a group In spite of Judge Rogers' general asser of judges and a few lawyers ate lunch togeth tion that his years as a United States judge er on stated days in various restaurants, and are the best years of his life, there was unex he shared in these new associations. pected unhappiness. Beth was unwell in the For Beth, starting over in Topeka was early 1980s—her illnesses might have been more difficult. She left the demanding sched aggravated by many years of heavy smok ule of her music with its weekly choir prac ing, a habit she picked up during her fresh tices and other requests for her ability on the man year in college. She was feeling better piano and organ. Also, she had resigned the and becoming more involved in various com prestigious position of Republican National munity affairs after the family relocated to Committeewoman, which she had occupied Mayfair. Early in October, 1983, she had for almost eight years. It took her some time gone to Manhattan with Dick to participate 1 to replace these activities that had been a in the kickoff campaign for the proposed large part of her life. She felt isolated in the Bramlage Coliseum and she seemed to be country home far outside the city. well. Then, while her Aunt Helen Julien was Tish, already in her own home, Cappi visiting in the Rogers' Topeka home, Beth and Kurt made the transition more easily had a massive stroke about 9:30 a.m., Tues than their mother. But the interest in horses day, October 4, 1983. Dick was called at his was no longer there, and a relocation was office and he telephoned for an ambulance, made closer in to Topeka to the Shadywood but Beth had died before either the ambu area. A later move of the family residence lance or he could get there.1 was made to Briarwood, and finally to a con Eulogies for Beth Rogers were lengthy. It dominium in Mayfair. was recalled that she had attended three

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Bi^ Republican national conventions, 1964, ried to Douglas Nelson, a certified public 1968, and 1972, in an official capacity. Also accountant employed by the Security Bene HH remembered were her many talents and fit Life Insurance Company. They have two "boundless energies," her accomplishments sons* Ryan and Andy. with piano and organ. She had a "mar- Kurt graduated from Washburn Rural pH velously creative touch and a sense of what High School, got a job with Kansas Power was most appropriate to occasions such as and Light and married Martha Dreiling. weddings, funerals and choral accompani They had twins, Josh and Trevor, and were ment that set her apart from other musi divorced. In the late 1980s Kurt enlisted in cians." Such activities paled with time and the U.S. Navy. Then he dropped out of Dick's 3p| energy "spent in doing a multitude of large life and has not communicated with his ly unsung things for people and groups sim father since. Dick Rogers is a grandfather ply because they needed doing. And having five times. These grandchildren are growing done them, she was apt to reason, things up rapidly and Rogers is very complimenta would be better for all concerned."2 ry of their traits and abilities. All of them Pictures taken of Richard D. Rogers gen live in Topeka so he can easily visit them. w erally show him in a solemn pose. For some Following Beth's death, Dick Rogers grad reason photographers rarely take pictures of ually returned to the social scene in Tbpeka. him when he is smiling. In the year or two He dated a few women he knew in Tbpeka, after Beth's death, pictures of Dick Rogers and there was one especially that his daugh show him with a very grave expression. He ters liked. But he could not settle down. He looked almost sick. His participation in continued his strong associations with rac social activities was curtailed. He main quet ball and tennis players at the "Y." Rogers tained his regular, exhausting work sched later had two hip replacements, and racquet $p^ ule without the extra associations that had ball and tennis gave way to golf, biking and become a part of his life. Sometime later swimming. His participation in the regular PR while he attended the engagement party of weekly luncheons of lawyers, federal and Mrs. Carol Garrett and Robert L. Brock at state judges in various Tbpeka eating places the Topeka County Club, the back of his could be counted on. His close association 3ft head got in a news photograph. A friend with G. T. "Tbm" Van Bebber from legislative clipped the newspaper picture and sent it to days continued, and Dick's input helped Tom him with the notation, "glad to see you're become a U.S. Magistrate in Topeka. Dick ■pn back in the swim." introduced Tbm to Alleen Castellani and was By the time of her mother's death, Tish the best man at their wedding. Earlier in had a divorce and was married to Larry 1985, Dick was formally introduced to Cyn Rogers, Wamego pharmacist who was a thia Conklin by Barbara Wilson. Cindy had Democratic member of the state senate. divorced in 1981 and had two attractive chil IP? Tish and Larry had an adopted daughter, dren, Katherine E. Conklin and Kenneth E. Alexis, and Tish divorced again. Briefly, Conklin HI, who were thirteen and eleven during her second marriage, she lived in years of age at the time. After two years of Russell. Later she became the director of courtship, where they found many common the Topeka Arts Council. Cappi was mar- interests in spite of an age differential, Cindy

pu 98 The Honorable Richard Dean Rogers

Rogers indicated that he "always had a high regard for the federal judiciary and for the last 20 years I've been interested in being a judge." He recognized that there were geo graphical differences on severity of sen tences imposed, that Midwest jurists were "historically more concerned with law and order," but "not afraid to show compassion." He also noted that "law has to change with changing conditions." Discretionary power for judges still was needed because no two cases are the same. The flood of petitions Wedding day, April 4, 1987, for Dick and Cindy Rogers. Left to right: Katie Conklin, coming into the federal courts was lament ed. Near the end of a month, he felt it was Cindy, Kenny Conklin, Dick, Tish Rogers with her daughter Alix in front, and Cappi an "overpowering burden" having "written Rogers Nelson. 20 opinions" during the past 29 days.4 Judge Richard D. Rogers says he likes criminal cases better than civil cases. In his and Dick married on April 4, 1987. Tom and years as a federal district judge, many of his Alleen "stood up with them at their wedding."3 opinions (about five per cent of the total) Dick became an appreciative father to Cindy's have been published in various volumes of two children. He helped Katherine get driving the Federal Supplement, the Federal Rules lessons and later he provided her with a car. Decisions, and the Bankruptcy Reporter. Kenneth and Dick found many mutual inter Invariably, these are civil cases. The crimi ests, boy scouts, sports, hunter safety, dis nal case opinions generally are not published cussing books, and in general conversation. opinions because there are no motions for Dick was delighted when both of them decid summary judgment and very few motions to ed to attend Kansas State University. After dismiss in criminal cases. Generally, the two years Katherine transferred to a pharma alleged crime is obvious and the case moves cy program at Creighton University, where in speedily. Federal criminal cases require 1995, completion of a hospital internship is all twelve jurors who must agree on a verdict. A that remains for her to obtain a doctor's unanimous verdict is required also in civil degree in pharmacy. Kenneth majors in archi cases, but a civil jury of eight, seven or six tecture, and an added interest for Dick was citizens can decide a case. Kenneth's election as president of Beta Theta In 1977 the four-story, twelve million dol Pi fraternity for his senior year. That was lar Federal Building, across Dick's college frat and his associations there Quincy Street from the Topeka Post Office invoked some pleasant memories. Kenneth and Court House, was completed. Even does exceptionally well in his academic and before it was accepted by the General Ser his fraternity life. vices Administration, it was occupied by 437 Two and one-half months into his role as employees from 21 agencies, including the a United States District Judge, Richard D. offices of the United States District Court in The Honorable Richard Dean Rogers 99 tencer for a person convicted of a federal crime. He feels that he got involved with the people who appeared before him in his court and he understood something about their lives. One of his law clerks said that "sen tencing is probably the biggest thing he r wrestles with, ... as big hearted as he is it's r difficult for him to make some of these deci sions. But his allegiance and responsibility is with what is fair, and his desire is to see - justice done in all cases."6 Later the U.S. Sentencing Commission was created by Congress to achieve more consistency in the punishment issued from the ninety-four sep arate U.S. District Courts. Parole was abol ished and a more severe set of guidelines was provided. Judges were still given some leeway. Rogers believes that generally his sentences have been at the low end of the guidelines. Federal judges have the authori ty to depart upward or downward from the guideline range, but only in special circum stances. Almost all of the time they operate within the parameters of the guidelines. r Judge Rogers in his office, after 1977 Criminal cases rarely allow the court an opportunity to provide a lengthy opinion, but they have provided Rogers with Topeka. Judge Rogers still occupies the glimpses of some unique or notorious per southwest corner office on the fourth floor. sonalities. Judge Rogers presided in the His clerks, secretary, library and courtroom murder trial against Thomas Silverstein, are nearby. The building contains a central who in prison was a prominent member of four-story atrium and was considered to "The White Aryan Brotherhood." Later Sil have "innovative new standards intended to verstein was tried on other murder save energy and provide taxpayers with the charges—one committed during a prison longest and most useful life possible, it is lockdown—and he became so notorious that intended to serve as a model for future gov a special cell for him was constructed at the ernment construction."5 At least two securi Leavenworth prison. Silverstein was also ty issues for federal buildings in later years the prime subject of the book, The Hot would call into question the reporter's brave House: Life Inside Leavenworth Prison, assertion, made in 1977. which dealt with the lives of prisoners at In his first years as a U.S. District Judge, Leavenworth. Judge Rogers also presided Rogers believes that he was not a he aw sen- over criminal charges against a state sena- r 100 The Honorable Richard Dean Rogers tor from Oklahoma on a change of venue. so closely watched by the public that their That trial dealt with corruption in Okla penalty when convicted is generally far homa government. greater than that suffered by most convicts. #SB| In cases of white collar crime, acts Judge G. T. Van Bebber presided in the fed involving embezzlement, fraud, perjury, and eral case against former Kansas lieutenant similar nonviolent crimes, Judge Rogers governor David Owen, who was convicted believes that probation, under some kind of and sentenced for a relatively short prison court supervision, for those convicted is far incarceration. Because Judge Rogers felt superior to incarceration in a federal prison. that Owen had served the time intended by 1 He feels that many persons convicted of Judge Van Bebber, and because he thought white collar crime would not last in a peni the Parole Commission had abused its dis tentiary situation. In spite of everything, cretion in determining the amount of money federal prisons provide vast potential for involved in Owen's crime, he granted Owen's danger. Judge Rogers maintains that in petition for release from prison. Not too every possible situation he will put a white many years before that, Owen had the collar criminal on probation and that in only potential of gaining election in Kansas to one or two situations has a person he put on the office of governor. probation turned sour. The judge remem Judge Rogers has accepted the responsi bers that one of his probation failures was a bility in Kansas of acting on all federal peti man convicted of stealing from a company, tions and habeas corpus petitions coming who had a strong recommendation from from federal prisons, especially Leaven Governor Orville Faubus of Arkansas. There worth and the military prison there. He also was a job waiting for him in Arkansas. So he handles all state cases involving the parole was put on probation, went to the job in board since Judge Dale Saffels has a conflict ew$ Arkansas, and the next news that came because a stepson is on the parole board. back to Topeka was that the probationer was Judge Saffels handles the other state prison stealing from his new company. cases. Two pro se law clerks in Topeka work Far more frequently it turned out like the for all of the federal district judges and their case of a young man convicted of embezzling task is to screen these petitions, which by from a Kansas bank. Over the objection of the mid-1990s average about sixty cases a (WW his law clerks and several other people in the month. Generally, these cases are prepared j federal government, Judge Rogers used his by the convict without outside legal help, Rule 35 authority to place the man on pro and they can be filed in federal court with bation. He went to Marysville to a job with out paying a filing fee. When it appears that the rapidly growing Landoll Corporation and there is something in the petition, that it he has become "a cracking good citizen." has substance in it, and is so complicated Political figures are closely watched that the prisoner cannot be expected to pre when they are brought into court. The press sent it himself, the court can and does on and the public have a gut feeling that people occasion appoint counsel to represent the of prominence are treated more leniently petitioner. There is no requirement that the than those who are virtual unknowns. petitioners have money to file the petition or Judge Rogers believes that such people are pay the court-appointed attorney.

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The Honorable Richard Dean Rogers 101

proud of his law clerks and the work they do. "The clerks keep me on my toes. I love work ing around bright, young people. And judges, as they get older, tend to get more conservative. The young people keep me compassionate."7 Since 95 percent of all district court opinions are not published, Judge Rogers, early in his career, had a catalogue prepared of the opinions which he authored. The case files, in manuscript form, eventually are placed under the custodial care of the clerk of the court. Attorneys found out about the catalogue and would telephone the secretary, then come to the office and go through the catalogue to locate opinions that had relevance to a case they were preparing. There is much law in these unpublished cases. Computerization of court records has changed the older pattern. Companies that publish federal court opinions in beautifully r bound hard copy volumes also make use of computer format for publishing a larger quantity of court decisions. Also, some of the cases that appear before Judge Rogers' court Cindy and Dick at Governor 's are the product of the computer revolution. Inaugural Ball, 1987 Such is the case of the Rural Telephone Service Co., Inc. v. Feist Publications. In this Civil cases are less clean cut than crimi hard-fought case, Judge Rogers' decision nal cases, according to Judge Rogers. Some was reversed by the United States Supreme cases are very close on legal rights and he Court. He says "we were . . . depending on wonders when a verdict is reached whether what Justice [Oliver Wendell] Holmes had the winner should have received more or said. And the Supreme Court, the United whether it should have been less. Civil States Supreme Court, just flipped that cases, especially with constitutional implica around completely on us, so that's not one of tions, or with the possibility of creating new our greatest triumphs, I tell you. We still law, are the bulk of the opinions of U.S. Dis think we were right." trict Court Judge Richard D. Rogers that are The issue in this case was whether the r published in various federal case books. white pages in a telephone book were copy According to Judge Rogers, "We settle a rightable [633 F.Supp. 214 (D.Kan. 1987)]. lot of cases by trying to gee the attorneys Feist Publications was developer ot tele and parties friendly around the table." He is phone directories throughout the Southwest

r 102 The Honorable Richard Dean Rogers

covering a wide general area. They made national distributors for violation of the much money off their publication through Robinson-Patman Price Discrimination Act the sale of advertising in their yellow pages, and for other violations. After a long recital and they gave away their directories free. of antitrust legislation, related laws, and a i Normally, they purchased the right to use review of similar cases, Judge Rogers grant white pages from small telephone compa ed "partial summary judgment" for Palmer nies and combined them into the bigger, News and denied "ARA's motion for partial multi-county publications. Here, a local tele judgment on the pleadings." \WM$t phone company refused to provide Feist An early case in Judge Rogers' career with the right to use its white pages. Both was John Martin Craig v. Wayne B. Colburn sides in this case recognized the economic [414 RSupp. 185 (1976)]. Craig was a importance of their positions and with able deputy U.S. marshal within a few years of counsel they fought this case through the retirement. Because of a drastic shortage of Tenth Circuit Court to the U.S. Supreme U.S. marshals in Detroit, Michigan, he was WA Court and back. being transferred there and he did not want Judge Rogers' opinion in the Feist case, to go. So he sued the head of the U.S. Mar based on ample precedent, was that the tele shal Service. The case brought out the (*^| phone company's white pages were copy nature of the marshal service and that they rightable. They had been produced through were "just like soldiers." They could be sent infinite and long-standing labor, hence the anywhere. The Tenth Circuit Court affirmed decision was based on the long-held "sweat this opinion and Craig v. Colburn became of the brow" doctrine. When it was appealed the leading case in regard to the U.S. Mar (H to the Tenth Circuit Court it was affirmed in shal Service. a unanimous, unpublished opinion. When Another early case, Billy G. Greenwood, appealed again to the U.S. Supreme Court, a minor child, et aL, v. McDonough Power the decision was reversed, holding that Equipment, Inc. [437 F.Supp. 707 (1977)],

white pages of a telephone directory could was the first opinion of Judge Rogers to be mi not be copyrighted. The Supreme Court held appealed to the U.S. Supreme Court. This that creative action, rather than simply was a product liability case involving a lawn compiling a list of telephone names and mower injury to a small boy. Opposing attor numbers, was required to obtain a copy neys zealously defended their clients. The right. This decision resulted in telephone new Kansas comparative negligence statute white pages being used free by Feist and came into play in this case. The jury found other such companies. the parents at fault and it was appealed to the Tenth Circuit Court. There the decision Interesting to Judge Rogers because of PPM the caliber of the attorneys who came in to of the jury was reversed, on the grounds try the case was Palmer News, Inc., et aL, v. that a juror had mistakenly answered a ABA Services, Inc., et aL [476 F. Supp. 1176 question during voir dire. It was appealed (1979)]. Palmer News was a major whole again to the Supreme Court, where a 9-0 saler of periodicals and paperback books. It decision held that a new trial was not auto brought an antitrust action against the matically required because of the juror's ff^tJts nation's largest wholesaler and various response. On remand from the Supreme

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The Honorable Richard Dean Rogers 103 r but they've already agreed with the state about what their tax rate will be which will be comparable to what citizens who are not assessed on a state level would be. And we heard some good experts. And the federal government had to pass a law, [Railroad Revitalization and Regulatory Reform Act of 1976] ... to keep the states from taxing the railroads out of existence. They had some one here [the railroads] from whom they r could get money. So Congress passed a law A line-up of judges. Left to right: James and we had to apply it to this particular Pusateri, Earl O'Conner, Arthur J. Stanley, case. This was interesting because it had Wesley Brown, George Templar, Frank constitutional questions in it." In a lengthy Theis, Richard Rogers opinion, which involved testimony from expert witnesses, the railroads would be assessed at rates comparable to that of other Court the Tenth Circuit affirmed Judge taxable property in the state. Rogers' ruling and the results of the trial. The case of Professional Investors Life r Five of the largest railroads in Kansas, Ins. Co. Inc., v. Louis J. Roussel, et al. had the Atchison, Topeka and Santa Fe, the an added interest to Judge Rogers because Union Pacific, the Chicago, Rock Island and of the defense attorneys from Louisiana and Pacific, The Missouri-Kansas-Texas, and the the defendant Roussel, whose financial deal Burlington Northern brought suit against ings have been the subject of much litiga Michael Lennen, the Secretary of Revenue tion [445 F.Supp. 444(1978)] and [528 of the State of Kansas, and other state offi F.Supp. 391 (1981)]. An Oklahoma company * cials [531 F.Supp. 220 (1981)]. This "action brought the action in Judge Rogers' court was instituted on complaints by various rail "seeking to recover damages from various roads against the state of Kansas for defendants for their asserted roles." Judge allegedly discriminating against rail trans Rogers first held that several nonresident portation property in assessing and collect defendants could be sued in Kansas because ■ ing taxes." Judge Rogers said, "This case they were alleged to have participated in the came about because of valuation for tax pur fraudulent conspiracy. Later he denied the poses. The railroads were valued upon a defendants' motions for summary judgment, state level and all of the other people in in an allegedly fraudulent takeover of the Kansas were evaluated by county apprais Kansas insurance corporation. One of the ers or assessors. Actually [the people] were defense attorneys for Louis Roussel, a defen - paying fair market value, we were paying dant and a multi-millionaire from about 8 or 9%, while the railroads were pay Louisiana, approached the court when the ing on the basis of 30%. We held that was trial was about to begin. He wanted to set r the situation after the trial. Since that time tle. When Judge Rogers told him that there they [the railroads] file a case every year, were many other defendants here and that flflpftl

104 The Honorable Richard Dean Rogers

the jury was empaneled to hear their case, statements to frustrate proposed govern the attorney said he wanted to settle for all mental regulations. First rate lawyers of them. He said he could have the money, argued the case for each side.

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The Honorable Richard Dean Rogers | 105

ISMtfl motion provided significant guidance to uary 3, 1981, commended "Judge Rogers' other courts regarding the application of the Sound Policy." This story mentioned that comparative negligence statute to a products 1,800 Cuban refugees were detained in var liability case and the application of the ious federal installations. They reported crashworthiness theory in Kansas. that Rogers said, "you just cannot hold peo ifp A case involving a Cuban who was part of ple without giving them a definite time for the large-scale boat migration when Castro their release." In another context he

Ipt was emptying Cuban jails, was Pedro remarked, "you know, America has never Rodriguez Fernandez v. George C. Wilkin been much on Treaties, .... We waited and son [505 F.Supp. 787 (1980)]. Fernandez, waited before we adopted the Genocide 5H an "excludable Cuban refugee who was Treaty." Kansas Legal Services provided free being detained in federal prison sought legal aid to Fernandez. Presumably, Henri habeas corpus relief." Four points were held J. Watson, who worked for Fernandez, was by Judge Rogers: "(1) excludable aliens do providing pro bono representation. not enjoy the panoply of rights guaranteed Several unpublished cases decided in to citizens in alien entrance; (2) extended, ^ Judge Rogers' court have to do with medi indefinite confinement in federal prison of cine for patients. One dealt with AZT, rec excludable refugee with no foreseeable ommended by a doctor for an AIDS patient S^ deportation was unauthorized and abuse of on Medicaid. This opinion held that Medic discretion; (3) that detention was an evil aid must cover the cost of the AZT. Another from which the Constitution and statutory provided permission for a doctor to use laws afforded no protection; but (4) the Laetrile for a cancer patient. Editorials, as detention was in violation of international well as letters to Judge Rogers, commended law as exemplified by the Universal Decla him on this decision. One of the pro se law .^l|} ration of Human Rights and the American clerks wrote that the Judge could be count Convention of Human Rights." Prior deci ed on to side with the little man.

IBf sions held that persons physically entering One of the most significant cases any the country in the manner in which Fernan where in the United States in the second dez came, as a matter of legal fiction, had half of the twentieth century is the case of up not entered the country and, therefore, Oliver Brown et al. v. Board of Education of enjoyed no constitutional protection. The Topeka, Shawnee County, Kansas. This case, government argued that it could imprison along with cases from three other states and Fernandez indefinitely with no release date the District of Columbia, reached the United set. Judge Rogers decided to release Fer States Supreme Court late in 1952. The

|BP^ nandez, basing much of his reason on inter Kansas case was different in degree from national law. Much mail was received on the four other cases—Kansas had permis this case, mostly negative. However, the sive segregation of elementary schools only Tenth Circuit affirmed Rogers' opinion using for twelve cities of the first class.8 The other different legal reasoning. Federal courts do states and D. C. had compulsory segregation not have a method of following a released of the public schools. When these cases lil(S#^ prisoner, such as Fernandez, to see what reached the Supreme Court, the Brown case happened to him. The Parsons Sun on Jan- involving segregation laws in Kansas was

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SP) 106 | The Honorable Richard Dean Rogers placed first, thus this important Supreme and was never officially closed. No proceed Court decison has a unique tie to Topeka. ings were held until 1979 when the plain i The Supreme Court in 1954 decided these tiffs sought to intervene and reactivate the cases unanimously, ruling that "separate case on the charge that the original com i but equal" public education, permitted as a mand or mandate of the Supreme Court, to result of an 1896 decision, Plessy v. Fergu get rid of segregation, root and branch, had fBWJ son, was unconstitutional. not been complied with. Judge Rogers had to Desegregation of the public schools was decide whether to reopen the case or permit resisted in many Southern states, but in a new case to be filed. He opted for reopen Topeka desegregation of its four all black ing the case since the 1955 (Brown II) elementary schools began even before the Supreme Court decision had referred the Supreme Court decision in 1954. Partially in five cases in the 1954 Brown decision back j response to school desegregation as well as to the District Courts. to other factors, there was a decided "flight Judge Rogers decided that reopening the to the suburbs" in Topeka and in many other Brown case was the correct way to go, that communities across the land. White families he would look at this new set of charges moved out of central cities leaving behind through the original charges and the origi identifiable racially-minority schools. nal intentions and handle the general issues i Efforts were made to install racial balance in that way [84 F.R.D. 383 (1979)]. There in public schools through massive busing of was much comment in the press. It was students, but still imbalances existed within front page news for Topeka papers. The school districts the size of Topeka. State Journal had three stories beginning The State of Kansas reorganized school on the cover page. Judge Rogers said, "It is 1 districts in the mid-1960s and Topeka's true that granting intervention in a case school district became Unified School Dis which has lain dormant for 24 years is an 1 trict No. 501. By then successive boards of extraordinary measure. However, we do not education for the district became less inter believe it can be gainsaid that this is an ested in spending taxpayers' dollars in con extraordinary case presenting extraordi tinuing efforts to eliminate racially-identifi nary circumstances."9 The president of the able elementary schools. The fervor to school board was "not too concerned" with eliminate all segregation in Topeka, which the ruling, while the coalition that was accompanied the 1954 Supreme Court deci assisting in bringing the suit hoped "to see sion, had disappeared. that USD 501 will achieve desegregated, In 1979, "Certain black parents and unitary schools." 1 schoolchildren currently enrolled in Unified According to Paul E. Wilson, in his dis School District No. 501 moved to intervene cussion of the reopened case, "After seven ) as named plaintiffs in the historic Brown v. years of pretrial motions, discovery, and J Board of Education of Topeka school deseg other time-consuming and expensive pre regation case." After the Supreme Court in liminary proceedings, the resurrected 1955 required desegregation with all rea Brown was tried over a period of three sonable speed, the Topeka case had been weeks in October, 1986."10 Six months later deactivated in the Kansas District Court Judge Rogers issued his opinion which stat- BP

The Honorable Richard Dean Rogers ipi 107 ed that 'Vestiges of de jure segregation in ing paragraph was, "Judge Rogers' decision city's school district had been eliminated, in the latest Brown case is consistent with though schools were not yet racially bal Supreme Court judgments in the earlier anced, where district's attendance zones Brown decisions. It is important to remem were not segregatively gerrymandered and ber that the Supreme Court didn't order racial composition of schools was formed by racially balanced schools; it ordered school demographic forces, uncontrolled by dis desegregation. While some of the black par trict." [671 F.Supp. 1290 (D.Kan. 1987)]. ents of Topeka are no doubt unhappy about The twenty-two page opinion examined the their court defeat, they can take comfort in history of the case with contentions of the the knowledge that their children are being ifij, plaintiffs and the defendant. Whether illegal offered a comparable education to Topeka's segregation remains was studied through white schoolchildren. This, it seems to us, is location of school population, student trans ipi testament to the overall success of America's fer policy, optional attendance zones, use of school-desegregation efforts."13 portable classrooms, school closings and Judge Rogers' opinion was appealed to m openings, location of schools and bound the Tenth Circuit Court. The appellate aries, nature of facilities, extracurricular court's first decision was made after Judge activities, curriculum, transportation, facul Rogers took senior status, so the remainder ty and staff, community attitudes and other of the discussion of Brown v. the Board of factors. Judge Rogers held that district 501 Education will be left to Chapter VIII. had a racially unitary system and declined $pi Similarly, the long-running cases against to intervene to fine-tune the desegregation Governors Hayden, Finney and Graves, rel process. He acknowledged that "Racial bal ative to Kansas prison overcrowding, extend sp ance does not exist in the district's schools. . past the assumption of senior role for Judge . . Some schools have a significantly greater Rogers. These cases will be discussed in minority population than other schools." Chapter VIII. These were not due to school policy or During the course of his career on the "covert intentional segregation," but to bench, Judge Rogers has been forced on sev "demographic forces, uncontrolled by [the eral occasions to examine Kansas statutes school district which form] the racial compo and determine if they passed constitutional sition of the schools."11 muster. In two cases, General Foods Corp. v. The decision was reported in the New Priddle [569 F. Supp. 1378 (D.Kan. 1983)] York Times, where the attorney for the and Committee for Accurate Labeling and American Civil Liberties Union in New Marketing [CALM] v. Brownback, [665 York, who handled the case, said the judge's F.Supp. 880 (D.Kan. 1987)], Judge Rogers conclusion was "inexplicable, incredible, and considered two Kansas laws designed to pro inconsistent with prevailing law."12 The Wall tect the dairy industry. In General Foods, the $p$l Street Journal in an editorial under the plaintiff challenged the Filled Dairy Prod title, "Topeka's Redemption," described the ucts Act, which prohibited filled dairy prod nature of the case and said that the opinion ipi} ucts from being sold in the state. A filled was based on "a good-faith effort to accom dairy product was one that resembled a modate its minority students." The conclud dairy product but did not contain any dairy Pi

5^ 108 | The Honorable Richard Dean Rogers products. The plaintiff contended that must die?" The Judge determined that Rins Kansas law violated the Equal Protection ley, who was a director at the Topeka State and Due Process Clauses of the Fourteenth Hospital and a nationally recognized expert Amendment of the U. S. Constitution. Judge in adolescent psychology, was a public figure Rogers agreed and declared the Kansas and that he would have to prove malice Filled Dairy Products Act unconstitutional. towards him. His libel claim was dismissed In CALM, the plaintiff, a trade association of as untimely, but the invasion of privacy food manufacturers and suppliers, chal claim survived summary judgment "because lenged the constitutionality of the Kansas in Kansas false light privacy is recognized Artificial Dairy Products Act. This law had as a tort separate and distinct from libel for been passed in reaction to Judge Rogers' which no specific statute of limitations has decision in General Foods. The Kansas Arti been created, we conclude that the afore i ficial Dairy Products Act required a product mentioned two-year provision applies and that was an imitation or substitute of a dairy that the privacy claim in this suit was time product be labeled as an "artificial" dairy ly filed." In spite of harsh criticism pub J product. The plaintiff contended that the lished in the book, which Rinsley could not Kansas requirements were an obstacle to the accept, he lost his case. accomplishment of the purposes of the feder Judge Richard D. Rogers' career before al food labeling laws and thus must be struck appointment to the judiciary was highly down under the Supremacy Clause of the political. Nevertheless, he served on a panel U.S. Constitution. Once again, Judge Rogers of judges twice to reapportion congressional agreed. He declared the Kansas Artificial districts and once to decide on Kansas house ffl*B Dairy Products Act unconstitutional after and senate districts. These cases remain in

finding that the Kansas law was an obstacle manuscript and have not been published, fffiW to accomplishing the purposes of federal law. because they apply only to Kansas and to the In 1975, a book, Reality Police: the Expe use of Kansas statutes. But, in these cases rience of Insanity in America, by Anthony the panels have received high marks from Brandt, was published by William Morrow both the Democrat and Republican parties and Company. Dr. Donald B. Rinsley was a for their even-handed work. Reapportion central figure in this book and he sued the ment was required following receipt of popu author and the publisher for libel, invasion lation figures for both the 1980 and 1990 1 of privacy and civil rights violations. This censuses, and the loss of a congressional seat case was identified as Donald B. Rinsley, based on 1990 figures. The panels were most 1 M.D. v. Anthony Brandt and William Mor successful at drawing new districts made up i row and Company, Inc. [446 F.Supp. 850 of contiguous counties with no county being (1977)]. Admittedly, many of the references divided into two different districts. An effort to Rinsley in the book were uncomplimenta was made, not always successful, to provide i ry. Three particular sentences were, "'Rins- congressional districts that do not split comi ley's staff drove her crazy* and contributed to ties, to keep all of the 105 counties in Kansas her death by neglect in her care and treat intact. Or if a county was put into two differ ment." And "What does it take to put a stop ent congressional districts, there would be a to such a man? How many more children minimum of disruption.

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The Honorable Richard Dean Rogers | 109

United States District Judges, on occa During this first part of Judge Richard D. sion, serve on a panel of appellate judges. Rogers' judicial career, he continued to be Sometimes these duties are long ordained, honored by the people of Kansas in a variety at other times they come on short notice. of ways. He was on the University of Kansas Judge Rogers goes to Denver three or four School of Law Board of Governors and served ■ Pft times a year to serve on these appellate pan as President. He continued to serve on the els. On each Denver trip, a three-judge board of directors of the Kansas State Uni panel spends about three days each time versity Foundation, formerly known as the deciding on opinions to whittle away at a Endowment Association. He served a four- caseload of about a thousand cases. On one year term on the board of directors of the trip to the Tenth Circuit in Denver, Judge University of Kansas Alumni Association.14 Rogers was planning to take one of his law The Native Sons and Daughters in 1985 clerks, who mentioned that he would proba named him Distinguished Kansan of the bly wear jeans and tennis shoes on the plane Year. Also in 1985 he received an honorary to Denver. The judge reminded him that as Doctor of Humane Letters from Kansas State a rising young lawyer it's always "better to University. His citation included reference to overdress than to underdress." The next day his many services to his community and to when they were ready to go to the airport, his alma mater, including negotiating "the the clerk appeared overdressed in formal largest financial endowment that K-State attire complete with top hat. has ever had—the Putnam Scholarships." He Judge Rogers' staff recognizes his ability was recognized with an honorary life mem to read and absorb vast amounts of con bership in the Washburn University Law densed treatises, based on their widespread School Association for exceptional and meri

■P5\ reading from law files, books, and journals. torious service to the Washburn Law School. He uses spare moments to read and study He also served a term as president of the cases settled in other courts in the Kansas Topeka YMCA during its 105th year, and of District. He does all this in good humor, the Kansas State Historical Society during which brushes off on his staff. Unlike many its 120th year. He was president of the Tenth other judges, Judge Rogers has allowed his Circuit District Judges Association, 1984- law clerks to stay with him indefinitely. 1986, and in 1987 he began a six-year term as Judges receive additional training a charter member of the Committee on Space through judicial conferences and seminars. and Facilities, Judicial Conference of the iBI Early after his appointment to the bench, United States. Sometimes he complained to Richard Rogers and William Randolph Car close friends when he was asked again to give iiiftpf penter, son of the William Randolph Carpen a speech or to serve as a master of cere ter who defeated Hal Harlan in his race for monies. Almost invariably, he accepts and he Congress in 1934, and a Shawnee County does an excellent job—new stories are judge, spent two weeks at Harvard University marched out and proper illustrations are in a special seminar for judges. Judge Car brought forward to serve the purpose of penter was a Harvard graduate and his enlightening with humor. knowledge of the law school and the City of The United States District Court system Boston provided an enjoyable time for Rogers. has a provision where a judge can take senior

HfJ i 110 The Honorable Richard Dean Rogers status when his age plus years of service dent Reagan, who would be followed in sever equals eighty. Judge Rogers announced his al weeks by President-elect Bush. Judge plan to assume senior status on January 1, Rogers hoped that Magistrate G. T. "Tbm" Van 1989, just after his sixty-seventh birthday and Bebber would receive the appointment to the after the completion of thirteen years of ser District Court, and it turned out that way, vice as a judge. A reason for this move was to with Van Bebber taking a position in Kansas open the door for another U.S. District Judge City, Kansas. Judge Rogers now shares the i in Kansas, to somewhat lighten the judicial caseload in Tbpeka with more judges. But load. In Rogers' estimation the Republican, the nothing else has changed in his approach to right party, was in the White House—Presi- the job by reason of his senior status.

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The Honorable Richard Dean Rogers | 111

p& Chapter VIII Senior United States District Judge jPS Since January 1, 1989

with one exception—he was now a Senior United States District Judge. Pre |Sf' When Judgesumably, Richard he had D. Rogers the power began to choose work in lawsuits 1989, that everything he would was hear, the but same he accepted every case that came before him. His staff was the same—several had been

(jip^ with him for almost a decade. The pace of work did not change. There remained that same old desire to improve his acquaintance with the law and his responsibilities as a federal judge. i$l^ For example, Judge Rogers attended all of the judicial seminars that have been available on law and economics. These seminars were funded by big U.S. industries and leading foundations who paid into a tax-free foundation, started by Emory Univer sity in Atlanta, and later taken over by George Mason University's Law School in Washington, D.C. There was criticism of this connection to private enterprise, but Judge Rogers agrees with the feeling that most circuit and district judges were at least thirty years outside the classroom and thus far behind on economics theory. An attrac ■B| tion of these seminars was the outstanding faculty from prestigious departments of eco nomics. Also, many of these seminars convened in the pleasant surroundings of resort

§B hotels, and were located all over the country.

There were also two long-running cases siding with the school board, brought an that were still under Judge Rogers' supervi appeal to the Tenth Circuit Court where in a sion, the regenerated Brown v. Board of 2-1 decision the court's opinion reversed Education case and the case against various Rogers' decision. Two of the judges agreed in Kansas governors relative to overcrowding an 81-page opinion that there had been in Kansas prisons. benign neglect of the school district's duty to In the Brown case, Judge Rogers ruled in desegregate student populations and there 1987 that "vestiges of de jure segregation in was a "clear pattern of assigning minority the city's school district had been eliminat faculty/staff in a manner that reflects ed" although there were still schools not minority student assignment."1 This correla racially balanced within Topeka [671 tion was considered fatal to the school dis F.Supp. 1290 D. Kan. 1987)]. This ruling, trict's effort to show a lack of current ves- ipi

p^ I 112 | The Honorable Richard Dean Rogers tiges of de jure segregation. Topeka's school for vestiges of segregation that were held to board then received the 154-page dissenting remain in the Topeka school district. In the opinion from the circuit. One of the three meantime, the Topeka Board of Education judges held that his colleagues had usurped learned that as losers in the case they were the fact-finding role of the district judge. obligated to pay for "fourteen years' worth of fmn Based on these majority and minority opin plaintiffs' attorneys' fees."4 ions, the school board could accept the A Topeka Daily Capital editorial called court's decision, or appeal to the entire panel Judge Rogers a "reluctant warrior" who had of judges in the Tenth Circuit or to the "initially ruled that Topeka didn't need a Supreme Court. Six weeks later the Tenth desegregation plan."5 Now he wanted to get Circuit withdrew the opinion and vacated the two sides together to come up with a ffl!18 the decision.2 Neither the Topeka district common plan. But such goals are not always nor the plaintiffs knew where they stood on realized. Within two months, the defendants the issue. (the school district) came up with a plan, 1 A half year later, again by a 2-1 ruling, while the plaintiffs provided a different plan the Tenth Circuit reversed the district court to solve the desegregation dilemma. The school board supported their new, expensive decision. Then the defendants (the school >I board) asked for an en banc decision from all integration plan to build three 600-pupil J of the judges in the circuit. The result was a schools by a narrow 4-3 vote.6 The law in 5-5 tie defeating the appeal. Review by the this area favors desegregation plans adopt I U.S. Supreme Court was requested. The ed by school boards of education in good Court sent the case back to the Tenth Circuit faith. On July 25, 1994, Rogers accepted the to consider again in light of other decisions Topeka Board of Education's plan with mod 1 the Supreme Court had made on cases in ifications, some inspired by the plaintiffs in Oklahoma City and in DeKalb County, Geor the case. Topeka's school operations had (Mpi gia. In DeKalb, for example, the court ruled never provided massive busing to create that the school district was not responsible racially balanced schools, and large-scale for the "demographic conditions beyond its busing was not in the character of the control." In Oklahoma City, a prior finding newest plan. In 1995, this plan is being put that the school district had achieved unitary into operation—to close some schools and to status was significant to the school district's build three new larger schools, two of which decision to stop busing and return to a neigh are slated to be magnet schools. It appears borhood school system.3 easier to provide more racial balance in large On reconsideration, the same panel of schools than in smaller, neighborhood Tenth Circuit judges again held in favor of schools. Once this plan is fulfilled and the the plaintiffs in a 2-1 decision. The case student population in Topeka's elementary went back to the Supreme Court for a schools meets established racial guidelines review but it was turned down. [The U.S. for several years, the court can hold another Supreme Court accepts fewer than a hun hearing to evaluate the results, with a vari dred cases each year.] So the Brown case ety of options about what comes next. Thus came back to the District Court in Topeka far, the plaintiffs have neither accepted the with a responsibility to focus on a remedy school board's plan, nor have they appealed

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fjS} 114 The Honorable Richard Dean Rogers

Rogers' court claiming that Kansas was vio sion to enlarge court-ordered operating lating Amendment 8 of the U.S. Constitu capacities because facilities have been reno tion, because of overcrowding. vated to house more inmates. Another alter As Kansas governors have changed, this native is double-celling, which by its nature case involving Kansas prisons has evolved is not unconstitutional. But in some cases with new plaintiffs and new defendants. the cells are so small, or the confinement is When it was known as Arney v. Finney [766 so restricted, that they do not meet the min F.Supp. 934 (D.Kan. 1991)], this case, like imum standards of the American Correc earlier and later cases, was under federal tional Association, which parties have injunction. Shortly after Governor Bill agreed to follow. Graves was inaugurated, Dick Rogers was a In 1989, in response to Judge Rogers' t^iM master of ceremonies and he introduced the orders, the Kansas legislature sought to deal new governor to a crowd. He discussed one with prison overcrowding by developing sen of the campaign slogans Graves had used. It tencing guidelines and expanding eligibility was a desire for fiscal conservatism, to "load for parole. The Department of Corrections also them high and tight" that harkened back to made it easier for inmates to satisfy program Graves' growing up days when he helped his requirements, such as drug or alcohol counsel dad load trucks for Graves Truck Line. ing, for parole. After some initial success, con victions surpassed previous estimates and ffHW Rogers admonished the governor "not to I f load them high and tight' in the state pris prison populations again pushed against the J ons. That's what got Kansas into trouble capacity limits. By 1995, a quick solution to with the federal courts." this long-pending problem of overcrowding in The class action case against the State of Kansas prisons was not apparent.11 Kansas, because of the condition of its pris "Administrative segregation" also has ons, called Porter v. Graves by 1995, has become an issue in the mid-1990s. How are ! been pending since 1977. Counsel was prisoners dealt with when they are granted appointed, the case was certified, and it protective custody, or are being investigated reached the settlement phase in 1980, in a for a disciplinary problem or have a health consent decree, with a number of changes to problem? be made in Kansas prisons. The case was Since the prison case was filed, the polit (Bra reopened in 1988 when it became apparent ical wind has shifted in favor of removing I that the provisions of the consent decree federal district judges from a role that inter were not being followed. Hearings were held feres in state prisons. New legislation limit regarding conditions in the State Prison at ing the power of federal courts in this area Lansing, and at other places because many raises new issues for Judge Rogers' consid eration. Also, since Judge Rogers' decisions ) of the Lansing prisoners had been trans | ferred to newer institutions such as in the prison case, he has been showered on Ellsworth, or to Hutchinson. Since that time a daily basis with letters, requests, and peti newer facilities have been constructed at El tions from inmates which must be evaluated i Dorado, Norton, Stockton, and Topeka. by the Judge and his staff. Hearings continue to be held regularly. Another long-standing case in Judge Often the prison authorities ask for permis Rogers' court was Louis L. Frydman v.

tmm I r The Honorable Richard Dean Rogers 115 FORD F-350 4x4 Pickup [739 F.Supp. 554 (D. Kan. 1990)]. This law was created to penalize convicted drug dealers, in addition to their prison sentence. Some of their wealth gained in their illegal trade would be forfeited under this law. The court held that a truck used to travel to a motel to sample marijuana and to negotiate a purchase was subject to forfeiture, even though no con trolled substance or money was carried in the vehicle. A Tenth Circuit Court case, with Judge Rogers "sitting by designation," was the Unit ed States of America v. Robert Lee Hager [969 F.2d 883 (10th Cir. 1992)]. The sig nificance of this case was a separate criminal John Carlin and Dick Rogers penalty for using a firearm during or in rela tion to drug trafficking. Hager had several Department of Justice [760 F.Supp. 193 weapons hidden in his apartment, though he (D.Kan. 1991)]. This case required Judge did not use them when he dealt drugs. Other Rogers to examine, in camera, secret docu circuits had taken a broad definition of the r ments which the plaintiff wanted the gov word "use." Rogers, writing for the panel, ernment to divulge under the Freedom of held that it was not necessary to point the Information Act. The plaintiff was a Polish- r weapon at someone while dealing drugs. The American University of Kansas professor fact that weapons were available was suffi who returned to Poland to study. Judge cient to constitute a violation of the statute Rogers decided that information regarding and add five years to Hager's sentence. His some of the documents should be disclosed conviction and sentence were affirmed. but that the full text of the documents The broadened "use" of weapons avail should not be divulged because it might able has produced additional problems for reveal information gathering practices people who grow marijuana on farms. Most important to national security. farmers keep a shotgun or a small-bore rifle Following these decisions, a lengthy bat in the house or barn for other purposes. But tle ensued over attorney's fees. Because the a firearm in the vicinity generally leads to plaintiff prevailed only on matters of per an additional five years on a marijuana sonal importance to the plaintiff, the plain growing conviction. tiff's motion for attorney's fees was denied. The Laughinghouse case involved the In 1995 the Tenth Circuit affirmed this rul alleged abuse of Glenda M. Laughinghouse ing of Judge Rogers. by her supervisor, Jerry Risser [754 The Comprehensive Drug Abuse Preven F.Supp. 836 (D. Kan. 1990)] and [786 tion and Control Act was the basis for the F.Supp. 920 (D.Kan. 1992)]. This case was case, United States of America v. One 1987 unusual in that plaintiff raised an "outrage" 116 The Honorable Richard Dean Rogers PS claim under Kansas tort law and that claim that the government had committed prosecu j was permitted to go to a jury. The jury found torial abuse during pretrial matters before the in the plaintiff's favor. After an appeal was grand jury. Their attorneys filed numerous filed, the case settled. motions that questioned their clients' ability to \ The tort of "outrage" is severely limited get a fair trial in Kansas. Despite their fear of in Kansas courts. The Laughinghouse case being prosecuted in Kansas, the defendants is one of the few outrage cases to go to a jury. were acquitted by a jury. i Generally, the courts have dismissed out Kansas, like most states, has restricted rage claims based on various problems that the eligibility of small, often single-issue I arise in an employment setting. parties, in the use of the election ballot. When the Golf Course Superintendents Kansas law required that nominating peti Bill Association of America sued Underwriters tions "be filed at least 91 days prior to the at Lloyd's, London [761 F.Supp. 1485 (D. election." That filing day is the day before Kan. 1991)], they were seeking indemnifi the party primary elections. 1 cation because of a discharged employee. Dr. John Hagelin was the belated presi That employee claimed he was fired "in dential candidate of the Natural Law Party retaliation for having filed 1981 action in 1992. Hagelin, a professor of physics at J against the insured." The fired employee Mahareshi University, Fairfield, Iowa, chal sued and collected $50,000 from the Associ lenged the Kansas law. He argued that the ation in the early 1980s. Kansas deadline was too far in advance of i Lloyd's and the Association filed cross the election to allow third parties to produce a candidate. This case is identified as Dr. motions for summary judgment. Judge I Rogers held that the "insurance contract's John Hagelin for President Committee of ] definition of 'wrongful act' did not include Kansas v. [804 F.Supp. 1377 intentional conduct" such as disparate treat (D.Kan. 1992)]. j ment on the basis of race. So, he held for the Judge Rogers determined that the insurance company. Kansas law was constitutional. He rejected In United States of America, v. Ray A. Dr. Hagelin's argument that third parties i Gresset, James E. Savage and R. J. Fellows should have "filing deadlines after the [773 F.Supp. 270 (D.Kan. 1991)], the Democratic and Republican national con ffiSSj defendants persisted in requests for a ventions." Judge Rogers concluded that change of venue back to their native Texas. voter education and administrative process They suggested on several occasions that ing justified the filing deadline for third par they could not get a fair trial in Kansas. The ties. This opinion was affirmed by the Tenth three Texans were charged with bank fraud Circuit Court of Appeals. in obtaining loans from the failed Peoples In March, 1993, five corporations operat Heritage Federal Savings and Loan Associa ing six nursing homes in Kansas and a trade tion. Three bank officials there had already association representing about 200 Kansas ^w*i pled guilty to similar charges. nursing homes, brought suit in Judge Motions by both the federal prosecutor and Rogers' court against the Kansas Depart the defendants' attorneys in this case were ment of Social and Rehabilitation Services liii# extensive. The three Texans were convinced claiming "their rights under federal law,

(Jig) The Honorable Richard Dean Rogers | 117 specifically the Medicaid program" [Case The court heard extensive oral argument No. 93-4045- RDR]. The plaintiffs asked for and received "a mountain of paperwork" a preliminary injunction against the reim supporting each side. Judge Rogers under bursement schedule under the Medicaid took the "herculean task" of reading and program. Under Medicaid, states establish evaluating the material. rules which are reasonable and adequate to Russell O'Quinn was an experienced test compensate efficient facilities caring for pilot, aircraft designer and flight engineer Medicaid-eligible persons. The plaintiffs who teamed with Gilman Hill, geologist and argued that the defendants "failed to com physicist, to form a firm known as Flight ply, for procedural and substantive reasons, Concepts Limited Partnership. They with the Medicaid law." designed a plane called the Skyfox and Judge Rogers considered whether the attempted to get several aircraft companies state had followed a reasonable procedure in interested in producing it. In 1985, Boeing determining the new Medicaid reimburse expressed some interest and a contract was ment rates or whether it had been arbitrary signed by the parties. Boeing was to have and capricious. Inflation rates in the early ^ worldwide rights to Skyfox and would pay a 1990s were high and greatly influenced the royalty of $150,000 upon the sale of each air data produced in this case. Projected infla craft over the next ten years. Slightly more tion of more than 5 percent was far higher than two years later, on December 27, 1987, than the 1 percent allowed by the state in Boeing sent a letter to O'Quinn terminating repayment for Medicaid services. the license agreement in 60 days. No Skyfox Judge Rogers held that the defendants had been produced. "did not engage in a bona fide finding In 1989, plaintiffs filed suit against Boe process" to implement the new reimburse ing alleging breach of contract and fraud. ment rate. The preliminary injunction The plaintiffs sought $67,500,000, charging issued May 10, 1993 enjoined the defen that Boeing could have sold 450 planes in pip dants in certain ways, particularly concern that period. Boeing denied the plaintiffs' ing "the inflation factors of the reimburse allegations. ment rate." Later, Judge Rogers ordered a In a lengthy opinion, Judge Rogers exam ppj new reimbursement rate for the remainder ined the contract and granted summary judg of the fiscal year. The Tenth Circuit affirmed ment to Boeing. He determined that Boeing the issuance of the injunction. had no obligation to produce any airplanes In the case of Flight Concepts Limited and had the right to terminate the contract at Partnership, Russell P. O'Quinn, Gilman A. any time upon sixty days notice. He found no Hill and The Sky fox Corporation v. The Boe evidence of fraud. His decision was affirmed ing Company and Boeing Military Airplane by the Tenth Circuit Court of Appeals. Company [Case No. 89-4173-RDR], Judge The case of Keen A. Umbehr v. Joe Rogers considered a complex civil case. McClure, Glen Hiser and George Spencer Plaintiffs, whose contract with Boeing was [Case No. 91-4081 RDR] was a conse terminated, alleged a variety of theories in quence of Umbehr's loss of a trash hauling support of their claim for damages in the contract with Wabaunsee County. Umbehr amount of $67,500,000. had a private trash hauling business and his 118 The Honorable Richard Dean Rogers contract, signed by the County Commission, independent reason, defendant McClure, enabled him to haul trash in six Wabaunsee who was not on the County commission County communities. The contract was orig when the contract was rescinded, received inally signed April 7, 1981, and "redone on summary judgment, as did the other defen February 11, 1985." The Wabaunsee County dants. On appeal, the Tenth Circuit agreed Commission voted to terminate the contract with the qualified immunity holding but in 1990, but they failed to notify the plaintiff determined that Judge Rogers had under in timely fashion. McClure's term on the stated the First Amendment rights of inde County Commission ended January 14, pendent contractors. The Supreme Court I 1991, and the Commission on January 28, has recently decided to review the Tenth 1991—with the new commissioner—voted to Circuit's decision. W8 terminate the trash hauling contract and On June 28, 1994, R. Rozier Sharp, they properly notified Umbehr. Regional Director of Region Seventeen of the Umbehr was an outspoken citizen of National Labor Relations Board, For and on Wabaunsee County. He had publicly spoken behalf of the NLRB, filed suit against LaSi- out about "landfill user rates, the cost of esta Foods [Case No. 94-4111-RDR] in obtaining documents from the county, Judge Rogers' court. LaSiesta is a local alleged violations of the Kansas Open Meet Topeka company that produces Mexican ] ings Act, and practices of the county road food products. The NLRB sought "a tempo and bridge department," to the commission. rary injunction" to restrain LaSiesta from ! He also wrote letters or columns which were engaging in certain acts and conduct pend printed in some county newspapers. He held ing final resolution" by the NLRB of "certain that his First Amendment rights had been unfair labor practices and charges filed" ! violated and that termination of his contract against LaSiesta. was in retaliation for his words. The case arose from the efforts of certain Upon defendants' summary judgment employees to organize the employees at j

motion, Judge Rogers concluded that the LaSiesta Foods into a union. The company ma First Amendment "does not prohibit defen opposed unionization. The court ultimately dants from considering plaintiff's expression denied the NLRB's request for temporary as a factor in deciding" to terminate the con injunction. The court found that both sides tract. Independent contractors lacked the could resolve their differences in proceed "First Amendment protections granted to ings before the NLRB. government employees." Ample precedent When the Frank Carlson Federal Office was found in Seventh Circuit and other cir Building was constructed in the mid-1970s, cuit court rulings. Cases cited by the plain there were some plans implemented for tiff did not fit the Wabaunsee County situa security for the federal offices and courts tion, where the loss of Umbehr's county located there. For instance, there were locks contract did not necessarily mean the loss of installed on the door providing entrance to the six community contracts. In addition, the corridor leading to the judges' chambers the defendants were "entitled to qualified and offices for the clerks and the secretary immunity from damages for any actions and library. Seldom were these doors locked taken by them as public officials." For an and slight care was taken to lock internal

fltW The Honorable Richard Dean Rogers 119 PPI office doors. Public officials were more secu beside the building. About 10:00 a.m. the rity conscious than their counterparts a half woman, hiding nearby, heard McKnight IP century earlier when the Topeka Post Office loading his firearms—then there was an was built. It contained a federal Court explosion, apparently one of the homemade House and adjacent offices for the judge off bombs went off. A severely injured McKnight lp} wide corridors that provided access to a then shot himself. But no one knew whether large number of offices. he was still alive.

Sp) All of that changed in Topeka when Gary Those in Judge Rogers' offices across the McKnight entered the federal building atrium were slow to find out about the gun about 9:30 a.m. on August 5,1993. McKnight man on a rampage. One of the law clerks was facing sentence in Judge Sam Crow's had gone out and came running back in to court for raising marijuana on a farm north get the other. He noticed that Gene L. Golds- east of Topeka. His wife was also arrested in berry, the guard, was on the floor and he this case, and the presence of a firearm on thought he might have had a heart attack. their farm was expected to add five years to They saw a marshal down below with a gun, their sentences. McKnight's attorney, who who motioned them to go back inside. The was expected to defend him in court—had door to Judge Rogers' office had been locked lost his license to practice. A Topeka news but they soon got inside. With Judge Rogers, paper in an opinion piece, headlined, "What who was watching the car on fire in the was Gary McKnight thinking about? He parking lot, they went into the library. thought he was getting a raw deal. He Judge Rogers had telephoned his daughter, up thought he got bum advice from a lawyer. Tish, but was unable to reach his wife, He thought the justice system was a Cindy. Cindy had heard about the shooting sham."12 McKnight came into the building ipi and was unable to reach Dick. The Judge heavily armed—he was unchallenged until kept trying to telephone the marshal's office, he got off the elevator on the fourth floor but the phones there were in use—a federal PR where he shot the guard and two people prisoner had been brought in that morning standing nearby. The guard was killed. and the marshal thought there was an McKnight had wired homemade bombs escape attempt in progress. into two of the family vehicles. One explod By late morning, long after the gunman ed near the Oskaloosa town square about had committed suicide, Judge Rogers and 8:30 a.m. and the other, which he had driven IP other judges had been escorted down a back to Topeka, began to explode and burn in the stairway and across the parking lot into the parking lot adjacent to the south side of the basement of the county courthouse. More federal building. McKnight went along the than a hundred highway patrolmen, FBI atrium corridor, tossing bombs into offices agents, members of a SWAT team, and other and shooting extensively. He entered the law enforcement personnel came into the |p clerk's office on the northwest corner of the federal building. Slowly, the building was fourth floor. He ignored the woman hiding checked out—about 4:25 p.m. McKnight was under the desk when she said she had no IP found dead. Ft. Riley bomb specialists deac gun. There the gunman broke out window tivated or blew up remaining bombs. Evi glass and shot into the area in front of and dence of the rampage was collected by late 120 The Honorable Richard Dean Rogers

Sunday. By Monday, federal workers in the first three floors of the Frank Carlson Build ing were able to return to work. It took somewhat longer to repair the extensive damage on the fourth floor. Since the attack, everyone entering the building passes through metal detectors similar to those used in airports. Fourteen attacks on federal and state courthouses throughout the country in the previous twenty months brought increased security to Topeka. The bombing of the Mur- rah Federal Building in Oklahoma City in April, 1995 and subsequent threats to other federal buildings resulted in additional secu rity personnel for the parking lots and garage. The times are far different from those associ ated with the older federal building across the street. The grim day, August 5, 1993, is remembered for its seven gripping hours when a gunman was thought to be rampaging in the Carlson Building in Topeka.13 Much more pleasant memories are those associated with the naturalization cere Cindy Rogers with her daughter Katie monies held four times a year. This is a duty Conklin and her son Kenneth Conklin. shared in the 1990s by all district court Katie is holding Hershey, the family's cocker judges in Topeka. Because personnel at Ft. spaniel. Riley and in nearby universities have many overseas ties, there are many persons every and the Girl Scouts, pass out flags. Judge three months to be sworn in as citizens. The Rogers keeps track of where the new Ameri U.S. Immigration Service seems interested cans come from, and Asian nations, particu in having a quicker administrative way of larly South and the Philippines, have handling naturalization. But thus far, the provided the largest number of new citizens impressive federal courtroom setting has in recent years. been used. In Judge Rogers' court there has Dick and Cindy Rogers have many always been a speaker and a singer, and friends on the social scene in Topeka, across both of them usually adopt a patriotic the state and across the nation. They are theme. A naturalization officer asks each busy people. Dick arises early and usually person seeking to take the oath to rise and goes to the YMCA to swim and then eats tell where he or she comes from, and local breakfast with friends before going to the patriotic agencies, such as the Daughters of office. Lunch is with judicial or lawyer the American Revolution, the Boy Scouts friends and almost always he wants to eat The Honorable Richard Dean Rogers | 121 dinner at home with Cindy. Both of them to the severely disabled was nationally rec continue to volunteer with various groups ognized in 1989 by being named to the PPI created for Topeka or statewide or national National Distinguished Service Registry. organizations. Dick continues to serve on She serves her college sorority, Kappa Alpha committees at the Y. In 1994-95 he served as pp Theta, as a facility chairman and is on the president of the Kansas State Historical Washburn Women's Task Force. She has Society and was the society's official repre been a facilitator of the Job Club of the sentative at meetings in the statehouse and Hi Shawnee Community Mental Health Cen in various activities all over the state. A ter. She is currently on the board for the Vol final act as president was master of cere unteer Center of Topeka and is a volunteer monies at the new Kansas Research Center when the DAR helps with the District dedication in October, 1995. Both Dick and Court's naturalization ceremony. Cindy are members of the First United Pres Cindy Rogers travels with her husband byterian Church in downtown Topeka. when he goes to judicial conferences and Cindy has been an elected deacon at the readily she recites the locations visited. church. Recently, when a minister resigned ill Cindy uses some of these trips to study her she was on the pastoral search committee at own family's genealogy. Sometimes it is the the church. Rogers' family that is studied. On the trip to IP Cindy, the daughter of Bill and Clarice Boston in July, 1995 with Dick, side trips Tilson, graduated in teacher education at were made to check out both Cindy's and Washburn and taught middle school in Tope Dick's families. ka. Later she took additional coursework in One of the joys in knowing Dick Rogers is vocational home economics, and she used his continual and enduring curiosity. He is that and her special skill in working with pp interested in what new books can tell him, the severely disabled in job placement for and he enjoys formal instruction in an ten years. After her marriage to Dick Rogers unfamiliar topic. After reading and receiving she continued working until 1993 when her pin instruction, his greatest enjoyment comes department at the Menninger Return to from discussing the topics with others who Work Center closed due to lost funding. he believes are more knowledgeable in that Since 1993 she has volunteered at the Men specialty. His discussion companions include ninger Clinic. The Topeka Capital-Journal Justice Harold Herd, Chief Judge Thomas on February 2, 1995, cited Cindy as "Volun PH Van Bebber, Chief Justice Richard Holmes, teer of the Week" and reported her many Justice Edward Larson, Dr. William Simp activities. These include founding the Job son, his law clerks and many other judges, Placement Division of the Kansas Rehabili IP lawyers and friends. He felt a great loss tation Association in 1985, where she served with the death of his friend, J. Robert Wil as president and continues as archivist. She son of Manhattan, as Bob read many of the was also on the Regional Great Plains Reha same books and liked to discuss their con bilitation Association and National Rehabil tents. Judge Rogers recalls that when he itation Association boards. She received the and Bob were establishing their law prac Kansas JPD Outstanding Job Placement tices in Manhattan they audited history Specialist Award in 1987. Her contribution classes at Kansas State University.

IP 122 The Honorable Richard Dean Rogers

After a United States District Judge takes senior status, as Judge Rogers did beginning on January 1, 1989, plans are made to get an official portrait painted. The next step is to have a ceremony honoring the judge and the artist, Mrs. Wilma Wethington. "The Presen tation of the Portrait" is another occasion for ceremony in an institution that reveres cere mony. The date picked for this presentation was Friday, October 5, 1990, at 3:00 p.m. Mr. Ralph DeLoach began the proceedings with the traditional, "All rise. Hear ye, hear ye, hear ye" etc. Judge Earl E. O'Connor, Chief Judge, presided and after opening remarks he introduced Judge Tom Van Bebber who spoke at length. Judge Rogers makes friends everywhere, according to Van Bebber. "Fol lowing absorbing discussions ranging from the events of the day, politics, both local and national" the Judge would "visit with police Dick and Cindy Rogers officers, insurance men, salesmen, Santa Fe workers, and just about any John Q. Citizen that might be at hand. I never saw him in Then Judge O'Connor invited the current strange company. He is at home everywhere." law clerks to unveil the portrait. Disaster Van Bebber was followed by Robert A. struck in the form of a fist through a sham Prentice, professor of business law at the portrait—discussed extensively in Chapter University of Texas, who had been one of the VI. Judge Rogers was introduced and his first law clerks for Judge Rogers. Prentice role has been described earlier, except that testified that in his mind "he's always been he remembered, "That's the only time that's Dick Rogers of Wamego, Kansas, and it's been done in America, I think, in a formal that humility, I think, that makes him the ceremony of presenting a portrait, but it was kind of person we want on the bench decid indicative of the light-hearted attitude we ing the disputes that arise in our communi had." Judge Dale Saffels then spoke on ty." Prentice also recalled Rogers' advice to behalf of the court in accepting the portrait "temper the wind for the shorn lamb." By to be placed in Portrait Hall outside the that he meant "when you've got a case Courtroom. Judge O'Connor made a few where a plaintiff or a defendant is really closing remarks and the assembled group going to take a licking, if you can, within the adjourned to the reception, sponsored by bounds of the law, try to give them a little past and present law clerks, to the Top of the something in that case to save their dignity, Tower in the nearby Bank IV Building. so even though they lose they don't go away Judge Rogers continues close ties with his embittered or destroyed." three previous law clerks and visits with

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The Honorable Richard Dean Rogers | 123 3jp([ them by phone or in person when he can. A beginning judge in 1995 starts out more than projected reunion with all five of the law three times greater—$133,000—although ^| clerks in August, 1995 is considered a signif assuredly this is much inflated dollars over a icant event. Five is a very small number of twenty-year period. The sameness between law clerks covering twenty years as a federal 1975 and 1995 is the joy with which Judge judge. Dick Rogers maintains that his law Rogers approaches his daily tasks. He clerks have been the best in the federal sys worked hard and long hours in 1975 and he tem. All sorts of things have changed vastly has not changed in 1995. He may no longer since Richard Dean Rogers became a United play racquet ball or tennis, but he is still an States District Judge on August 7, 1975, yet active and energetic Dick Rogers at the age of BB| much remains the same. Most of the cases seventy-three and one-half years. His stories cited in recently published judicial opinions still sparkle and they are stories that can be in Dick Rogers' court are decisions that were told in any company. His sayings, the accu made after he was sworn in as a United mulation of a lifetime, are borrowed by those States District Judge. He and his law clerks he sees regularly. Richard Rogers acknowl S^ keep current on changing interpretations of edges various mentors in his growing-up law. A big change since 1975 has to do with days. He has served the mentor role to many money. The annual salary for a beginning in his later years. He can still say truthfully, U.S. district judge in 1975 was $43,000. A "I am Dick Rogers from Wamego, Kansas."

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IP Footnotes (Written sources were unavailable for many parts of the Judge Richard Rogers story. Willingly, the Judge provided the ip author with oral and written replies to his many questions. )

Chapter 1, Beginnings 1783, sacrificed their homes in retaining their loyalty to Sf| the British Crown; and to perpetuate this spirit of loyalty 1. Gene Smith, "Manhattan lawyer dons federal robe," to the Empire." Topeka Daily Capital, 8 August 1975. 12. "The Loyalists: Americans with a Difference," 2. Ibid. National Geographic, April, 1975, pp. 510-539. This article 3. State of New York, Public Papers of George Clinton, uses a figure of almost 100,000 Loyalists, who fled to Cana First Governor of New York, Vol III, Albany: 1911, pp. 326- da. 328. Copy of relevant pages in possession of Judge Richard ipi) 13. Archives Reel C22745, Ontario Archives Cabinet 1, Rogers. Reel 247, "Murray: U.C. Land Petition R 115/22 - JOSEPH 4. Ibid. ROGERS." Copy in possession of Judge Richard Rogers. 5. Gregory Palmer, Biographical Sketches of Loyalists tfflJ| 14. Research paper entitled "William Rogers, Sr. (1708- of the American Revolution, Westport, Conn, and London: 1778), William Rogers, Jr. (d. 1820)," in possession of Judge Meckler Publishing, 1984, pp. 741-743. Richard D. Rogers. 6. Wallace Brown, The King's Friends: The Composi iJSj tion and Motives of the American Loyalists Claimants, Providence, Rhode Island: Brown University Press, 1965. Chapter II, Growing Up in Wamego Each chapter is about one of the thirteen states: chapter 1. Sanborn Fire Insurance maps for Wamego, 1885 and five concentrates on New York. The number of executed IP 1905. Loyalists in New York is on page 79; and scattered through out the book for other states. 2. Ibid. Inez Roberts Owen, compiler. Welcome to 7. Victor Hugo Paltsits, editor, Minutes of the Commis Wamego, Kansas, 1866-1976. Manhattan, Kansas: Ag sioners for detecting and defeating Conspiracies in the State Press, 1977, p. 16. of New York: Albany County Sessions, Vol. I, 1778-1781, 3. Inez Roberts Owen, p. 16. Sanborn Fire Insurance Albany: State of New York, 1909, 86-87, 89-90, 96,102,195, maps for Wamego, 1885 through 1941. An early picture of 211. Copy of relevant pages in possession of Judge Richard this building with a handwritten "Wamego 1878" on it Rogers. shows a wooden porch or awning which covered the side 8. Ibid., and Palmer, p. 743. walk in front of the first story. 4. Inez Roberts Owen, p. 16. IPQ 9. Copy of Will of William Rogers, dated November 25, 1818, and probate granted April 23, 1820, and deed to 5. Kansas City Star, June 11, 1939. David Shorey and William Rogers, Sept. 28, 1811, in pos 6. Times Extra (Wamego, Kansas), July 6, 1989. session of Judge Richard Rogers. 10. Trevor Lautens, "The Losers who made Canada," The Loyalist Gazette, Fall, 1994, p. 18. Another book by Chapter III, K-State and World War II Wallace Brown is The Good Americans: The Loyalists in the 1. Kansas City Star, October 30, 1940. American Revolution, New York: William Morrow and Co., 1969. 2. Collegian, November 1, 5, 8, 1940. 11. The United Empire Loyalist Association was "incor 3. Later, Rex Lane Rogers graduated from the Air Force Academy, Colorado Springs. His sister, Eva Marie, IP porated under the Revised Statutes of Ontario, 1897, Chap ter 172" and assented to by King George V on May 27, also was in military service, where she graduated as a 1914. The first purpose was "to unite together, irrespective nurse. of creed or political party, the descendants of those families 4. One news story gave the date for Rogers' wings [in who, during the American revolutionary war of 1775 to the air corps] and commission as June 9, 1944.

hri 126 | The Honorable Richard Dean Rogers

|8fl 5. Fred H. Riley. 456th Bomb Group: 1943—Steed's career. Flying Colts—1945. Paducah, : Turner Publish 10. Harlan was the state senator, who introduced the ing Company, 1994, p. 9. legislation in the Kansas senate in 1947 to make "Home on 6. Ibid., p. 10. the Range," the Kansas state song. Daniel Kelley reputed 7. Ibid., pp. 44-45 lists all combat flights and losses of ly wrote the music for "Home on the Range." planes. A detailed synopsis of each flight, pages 10-43, pro 11. Doyle Rahjes, "Epilogue, 'Until 2019: The Fourth vides information on successes and failures. Group mem Quarter'," in Improving Rural Lives: A History of Farm bers, missing in action, or killed in action, are listed on p. 65. Bureau in Kansas, 1912-1992, by Thomas D. Van Sant. 8. Ibid., p. 23. Manhattan, Kansas: Sunflower University Press, 1993, pp. 213-214. 9. "Mouse Causes No Panic," undated clipping in Judge 12. Manhattan Republic, August 25, 1956. Rogers' file. 10. "P. I. Review," April 7, 1945, issued by 456th Bomb 13. The April 9,1952 and October 24,1956 stories were from the Manhattan Mercury. fBPWil Group Photo Intelligence Officer. 11. Rogers' first air medal was awarded about the mid 14. James C. Carey, Kansas State University: The dle of December, 1944. Quest for Identity. Lawrence: The Regents Press of Kansas, 1977, p. 165. 12. Ibid., p. 7. 15. Ibid., pp. 196-197. 13. Major General N. F. Twining, commanding officer of the Fifteenth Air Force, The Fifteenth Air Force, 1943- 16. "L. Irene Putnam and The Kansas State College Endowment Association, a corporation, vs. The Order of the 1945: A Summary of It's Operations and Results. N. p., n.d., fflfB&a [reproduced by 941st Eng. Bn.] An unpaged pamphlet of 12 Holy Cross, a corporation," Case No. 11852, decided in the pages. District Court of Riley County, Kansas, Oct. 6, 1954. 17. Manhattan Republic, March 21, 1956: Manhattan Chapter IV, Beginning a Law Career Mercury, March 18 1956. 18. Manhattan Mercury, March 24, 1957. 1. Keith W Olson. The G. I. Bill, the Veterans, and the 19. Manhattan Republic, July 25, 1956. Colleges. Lexington: University of Kentucky Press, 1974, pp. 18, 23, 24. 20. Rahjes, pp. 174, 214. 2. Ibid., p. 43. 21. An undated Farm Bureau information sheet in 3. Ibid. Beth Rogers' scrapbook. 4. Sar A. Levitan and Joyce K. Zickler. Swords Into Plowshares: Our G I Bill. Salt Lake City, Utah: Olympus Chapter V, Nonpartisan and Publishing Company, 1973, p. 8. Partisan Politics 5. Thomas N. Bonner, "The Unintended Revolution: In 1. This chapter relies heavily upon letters and inter America's Colleges Since 1940." Change, September/Octo views with Judge Richard D. Rogers, and on the Scrapbook, ber, 1986, p. 46. containing newspaper clippings, pictures, and other memo 6. Clifford S. Griffin. The University of Kansas: A His rabilia, collected by Beth Rogers. tory. Lawrence: University Press of Kansas, 1974, pp. 284, 2. The municipal airport open house and dedication 610. Virginia Adams, Katie Armitage, Donna Butler, Carol was on April 19,1953, whereas the first Continental airline Shankel, and Barbara Watkins, compilers. On the Hill: A scheduled flight was April 6. Photographic History of the University of Kansas, Lawrence: University Press of Kansas, 1983, 1993, p. 103. 3. Manhattan Mercury-Chronicle, August 7, 1952. 7. Manhattan Mercury-Chronicle, June 4, 1946. 4. Ibid., October 28 through November 1, 1952. 8. Later all recipients of the LLB at the University of 5. Beth Rogers' Scrapbook. Kansas were retroactively awarded the degree, Juris Doc 6. Ibid. tor. Twenty years after Rogers became a lawyer, there were 7. The Peace Memorial Auditorium was dedicated Sep 1,823 active lawyers in Kansas (1968). By 1995, the num tember 26, 1955. The members of the City Commission ber was 9,737. Rogers was admitted to the Kansas Bar on when Rogers was mayor were "honored guests" for the September 5, 1947: his registration number was 3,763. occasion. Dick Rogers spoke to the assembly on "Site Acqui 9. Beth Rogers kept a scrapbook primarily of Dick's sition" for the new building. activity as a public official. The Springer story is found there. Although the news clippings do not contain dates, 8. Kansas Republican News, Oct. 1963. they point out various activities in this portion of Dick's 9. Manhattan Mercury, August 25, 1964. The Honorable Richard Dean Rogers | 127 iHW 10. Beth Rogers' Scrapbook. Chapter VII, United States District Judge, 11. Ibid. August 7, 1975-December 31, 1988 ipm 12. The nine members of the first Human Relations 1. Manhattan Mercury, October 4, 1983. Board, a fine cross-section of the community, were: Harry 2. "Thursday Opinion, B.C." Hicks, Ward Keller, Colene Kidd, Wayne Rohrer, Rix Shan- 3. Comments by Judge G. T Van Bebber at the time of line, Robert J. Smith, Nancy Twiss, Jesse Wilhoite, and the presentation of the official portrait of Judge Richard D. Barbara Withee. Rogers, October 5, 1990. 13. Copy of the four pages of remarks by Richard D. 4. Topeka State Journal, October 29, 1975. Ip Rogers, mayor, to the "Organization Meeting, Manhattan Human Relations Board." 5. Ibid., October 4, 1977. 14. Manhattan Mercury, May 28, 1974. 6. K-Stater, September-October, 1983, p. 6. 7. Ibid., p. 5. pi 15. Beth Rogers' Scrapbook. 8. Paul E. Wilson. A Time to Lose: Representing Kansas 16. Manhattan Mercury, April 12, 1987. in Brown v. Board of Education. Lawrence: University 17. Haley's brother Alex Haley wrote the well-known Press of Kansas, 1995. p. 207. book, Roots, which was adapted for a television movie. 9. Topeka State Journal, November 29, 1979. Haley's son was later in the Kansas House of Representa 10. Wilson, p. 225. tives. 11. Topeka Capital-Journal, April 10, 1987. m 18. Beth Rogers' Scrapbook. 12. New York Times, April 10, 1987. 19. Ibid. 13. Wall Street Journal, April 16, 1987. 20. Coffeyville Journal, April 25, 1971. 14. K-Stater, September-October, 1983. This issue of 21. Manhattan Mercury, April 28, 1971. the KSU Alumni magazine featured, "Judge Richard D. 22. Speech by Richard D. Rogers—two and one-half Rogers: A Wildcat in federal court," with a cover picture and its lead article. 9N pages. Topeka Daily Capital, April, 1972. 23. Manhattan Mercury, January 4, N973. 24. Homer E. Socolofsky. Kansas Governors, Lawrence: Chapter VIII, Senior United States Judge, i5p| University Press of Kansas, 1990, pp. 12, 219-220. Since January 1, 1989 25. Kansas City Times, January 14, 1975. 1. Topeka Capital-Journal, June 6, 1989. 26. Topeka Daily Capital, January 19, 1975. 2. Ibid., July 22, 1989. pi 27. Ibid., February 12, 1975. 3. Ibid., April 21, 1992. 4. Ibid., June 22, 1993; Kansas City Star, June 22, 28. Manhattan Mercury, March 14, 1975. 1993. iffl 29. Topeka Daily Capital, August 1, 1975. 5. Topeka Capital-Journal, April 18, 1994. 6. Ibid., June 17, 1994. Chapter VI, Music, Literature 7. Ibid., February 25, 1995. pi and Humor 8. Ibid., July 27, 1994. 1. This chapter draws heavily on Judge Richard D. 9. Ibid., February 28, 1995. Rogers files of letters, speeches, pictures and newspaper 10. Ibid., June 13, 1995. pv clippings. 11. Ibid., June 21, 1995. 2. "Presentation of the Portrait of the Honorable Richard D. Rogers," October 5, 1990, pp. 12-14. 12. Ibid., August 12, 1995. A special 12-page reprint edition of papers published about the McKnight affair was pw 3. Ibid., p. 16 published in this issue. 4. Ibid. 13. Ibid. P?

P9 128 I The Honorable Richard Dean Rogers

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I pity Proceedings in the United States District Court Room Topeka, Kansas August 7, 1975

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PRESIDING

Honorable Wesley E- Brown Chief Judge

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130 The Honorable Richard Dean Rogers

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•SB Oatk of Office for United States Jufyes (■ra I, RICHARD D. ROGERS, do solemnly swear that I will admin ister justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially dis charge and perform all the duties incumbent upon me as Judge of the District Court of the United States, according to the best of my abil ities and understanding, agreeably to the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this \ obligation freely, without any mental reservation or purpose of eva sion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. SO HELP ME GOD.

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Opening of Court

IB Invocation Pastor John Graham First Presbyterian Church Manhattan, Kansas PD Introductory Remarks Chief Judge Wesley E- Brown Presiding Judge

1ft Presentation of Richard D- Rogers Honorable Leonard 0- Thomas Past President, Kansas Bar Association Delivery of Presidential Commission Honorable J. C- Tillotson Chairman of Judiciary Committee Kansas State Senate Administration of Oath of Office Honorable Del mas C- Hill Judge, United States Court of Appeals, Tenth Circuit Presentation of Judicial Robe Honorable George Templar, Judge R e m a r k s H o n o r a b l e R o b e r t F . B e n n e t t Governor, State of Kansas R e m a r k s H o n o r a b l e R i c h a r d U R o g e r s

Adjournment of Court ipPk

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PR) 132 | The Honorable Richard Dean Ro'gers 1

i The Honorable Richard Dean Rogers 133 §A Appendix B m RESTRICTED

IP) HEADQUARTERS FIFTEENTH AIR FORCE APO 520

SPH GENERAL ORDERS ) 18 June 1945 NUMBER 3567 j EXTRACT pi ACTION I - AWARDS OF THE DISTINGUISHED FLYING CROSS AND/OR OAK LEAF CLUSTER FOR THE DISTINGUISHED FLYING CROSS

Under the provisions of AR 600-45, as amended, and pursuant to authority contained in Circular No. 89, Headquarters MATOUSA, 10 July 1944, the Distinguished Flying Cross. In the categories as listed, Is awarded the following named personnel, Air Corps, United States Army, 1(81} position, date of act and residence as indicated, with the followina Citation:

pii For extraordinary achievement while participating in aerial flight against the enemy in the Mediterranean Theatre of Operations. Throughout many long and hazardous combat missions against vital strategic targets deep in enemy occupied territory, though confronted by heavy enemy opposi- 'SB) ion from highly aggressive enemy fighters and intense and accurate anti aircraft fire, the personnel listed below have consistently displayed out standing courage, aggressiveness and intense devotion to duty throughout all engagements. With their aircraft frequently severely damaged by heavy enemy fire, these men have courageously remained at their stations, battling their way through to their targets to aid materially in the utter destruction of vitally important enemy installations and supplies. Heedless of severe and adverse weather conditions encountered over rugged mountainous terrain f8^ and surmounting many other major obstacle that faced them during these hazardous missions, these men have gallantly engaged, fought and defeated the enemy with complete disregard for their personal safety and against overwhelming odds. The conspiciuous and extraordinary achievement through out these many missions against the enemy have been on Inestimable value to successful combat operations and have reflected great credit upon them selves and the Armed Forces of the United States of America.

DISTINGUISHED FlYIMHrPQ^

Ipt RICHARD D. ROGERS, 0-512786, Captain, 744th Bomb Sq. 456th Bomb Gp, Manhattan, Kansas. Bombardier, Germany, 17 December 1944.

By command of Major General TWINING: |pf R.K. TAYLOR, Colonel, GSC, fPl Chief of Staff. OFFICIAL: s/ J. H. Ivins

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134 I The Honorable Richard Dean Rogers

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jS^ Appendix C Response by Judge Rogers college professors and early political associ ^^ on being named the 1985 ates to their eternal reward before this "Distinguished Kansan of the Year" evening because, frankly, if they were pre by the Native Sons and Daughters sent here tonight, the shock of this award to me might well have killed them right in this very room, and I would feel responsible. p^ Parks, Other Distinguished Many other people who are here this evening Mr. President,Guests at Governor the head table, Carlin, Ladies Mr. are surviving only by a high use of nitroglyc and Gentlemen — erine pills taken in liberal quantities. ■^ It is a great honor to be introduced by my At the round table where I eat lunch, it was good friend, the Governor of Kansas. My suggested that of the 40 nominees for this relationship with him is very much like the position, 39 were inmates of the state and fed relationship George Burns had with Jack eral prisons, and that even then a run-off was Benny. When George Burns was asked why necessary for my selection. In fact, another he and Jack were such close friends, George friend just told me that when I was selected to said, "I tell Jack Benny that he is the great be a judge, the lawyers did not expect much of est violinist in America, and he tells me that me and I had fully lived up to their expecta I am the greatest song and dance man in tions. In fact, as a judge I was once introduced America. We are great friends because we as a judge who had a sign outside his door just don't lie to each other." In my case, I tell which said, "This judge cannot be bought", and the Governor he is a great Governor, and he that underneath this sign was another sign in tells me I am a great Judge, and we just small print that said, "See inside for leasing". don't lie to each other. My mother motivated me toward college by It is also a great honor for me to be on the saying, "Go to college, get the knowledge, stay same platform with Gordon Parks, and I am there 'til you're through. If they can make surprised that he was not awarded both penicillin out of moldy bread, they can surely titles, as he is truly an authentic distin make something out of you." My high school guished Kansan. football coach once said that I didn't know the In reference to the award that I have just meaning of the word quit. My English teacher received, I am greatly honored, and the spoke up and said there were a lot of other mere fact that I know it is undeserved does words that I didn't know the meaning of. not detract from my enjoyment and pride. Please do not think from these remarks Many thoughts pass through your head that I have not received other honors. Only ?*n at a time like this. One thought is that God last year the Kansas Florist Association in his wisdom was kind and compassionate gave me an award and named me "the in sending many of my high school teachers, Kansan most likely to go to seed." Two years 136 The Honorable Richard Dean Rogers

ffWji earlier, after I had certain stock market loss people, and had an additional responsibility es, the Kansas Plumbers Association desig toward their state not felt by citizens of nated me as the "Plunger of the Year." At my other states. Kenneth Davis in his book "A high school graduation I was named as the Portrait of Changing Kansas", mentions this person whose forehead was the "most likely special relationship and quotes one writer to recede." To my friends from the YMCA who said, "I have never met a Kansan any who are here this evening, let me say that I where whose heart was not buried in 1 am very fortunate to receive this award, as Kansas." Our great Senator John J. Ingalls PHI "it is difficult to soar with the eagles when in 1872, writing about another Kansan, said you surround yourself with turkeys/9 "that Kansas exercised the same fascination Let me now tell you why I am so honored over him that she does to all who have ever by this award. I am honored because it yielded to her spell. There are some women comes from the Native Sons and Daughters whom to have loved once, renders it impos of Kansas. It comes from an organization sible to ever love again. So with Kansans." that recognizes the greatness of the State of And so with the poor piece of clay you are now honoring. Kansas and is intent on perpetuating the flips history of the state. The old poem goes as It is a human propensity not to realize ) follows: how good things are until they are past. Even if we do not presently realize it, we as

Of all the states, but three will live in story; Kansans and as Americans are singularly J Old with her Plymouth Rock, blessed. In Kansas we have strong churches, Old Virginia with her noble stock, an outstanding educational system, and And sunny Kansas with her woes and glory. good, efficient and progressive government. In our nation we have a written Constitu I believe that this poem refers to the fact tion that is the marvel of the world in its j that while most states were founded for eco protection of individual rights, a bill of nomic and commercial reasons, Massachu rights, a stable government and great oppor setts was founded for religious liberty, Vir tunities to improve our positions in life. ) ginia for political liberty, and Kansas in the Most of us here this evening are products of great crusade to make this nation free. the Kansas educational system, and we all OH! Tonight we are in the center of the aboli recognize the importance of education. Our tionist cities of Lawrence, Topeka and Man distinguished Kansan, President Dwight D. hattan. We are 40 miles from the Beecher Eisenhower, said in 1955: Rifle and Bible Church. We can be proud "In colonial Philadelphia there was a that Kansas has been blessed with a history printer who was likewise a scientist, who unique in this nation. The first settlers came was hailed as the wisest man of his day. in the armor of crusaders to extinguish slav In 19th century there was a rail- ery and to right other wrongs that had splitter who was likewise a lawyer, who grown up over the previous 200 years. These was hailed as a champion of humanity. early motivations have carried forward, and Education today can nurture for us the fM^'WX ever since Kansans have rightly felt that possibility of a thousand Franklins, and they lived in a special state, were a special a thousand Lincolns in a generation "1 pK|

The Honorable Richard Dean Rogers .p?k 137 where before we were fortunate to have like Cyrus K. Holliday, the founder of the but one." Santa Fe, or of the contributions made to S$) It is my firm belief that a person can our present citizens by the early planners of secure as good an education in Kansas as can our parks and civic buildings. Washburn Sp| be secured anywhere in America. We are for University is another excellent example. In tunate in the number and in the quality of Kansas, we reap the benefits of the contri our educational institutions. We are also for butions toward good government made by SP) tunate that we have never had in Kansas the our pioneer settlers. confrontations between the judicial and other In conclusion, let me suggest that we branches of government so prevalent in other have a duty to continue the work in states. The reason for this is because progress. We need to emulate the actions of Kansans have met their obligations in pro those who have gone before and to leave what legacy we can. Even if we cannot leave ■SSI viding fair and humane treatment in prisons, mental hospitals and in other state services great financial contributions, we can, at the where compassionate handling is necessary. very least, provide service, cooperation, SP| Once again, we have had honest, efficient and planning and leadership that will carry over progressive government reflecting the wishes in future years. Kansans are duty bound by and morals of the Kansas people. history to do no less. 13$ At this time in the history of Kansas, we Finally, just because I have been somewhat should point out that "we warm our hands flippant this evening, attribute it only to my j^PV at fires we did not build." This is simply a inadequacy to really qualify for this award, recognition that we all share to a great and not to any lack of appreciation of your gen extent from the work and contributions of erosity in bestowing this high honor upon me. those who have preceded us. In Topeka, we I thank the officers of this association and all reap the benefits of the foresight of pioneers of you who are present here this evening.

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HP Appendix D IP REMARKS ON pendent judges. Georgia is here tonight to GEORGIA NEESE GRAY announce the first winner, and we will be Native Sons & Daughters privileged to hear the winning oration. |P of Kansas Banquet Let me close by giving some personal January 29, 1988 observations about Georgia. First, I believe pi she was a liberated woman long before women were truly brought into equality. She once said in discussing Abraham was there by the sheer force of her intelli Homer Hoch, a distinguished Kansan, fPl Lincoln, "What new can be said gence, her personality, her strength of char about Lincoln?" I now say, "What new can be acter, and her natural drive to compete with said about Georgia Neese Gray?" Her name all comers. Someone once said that when p^ is practically a household word in the State Georgia embarked upon an endeavor that of Kansas and particularly in the City of she thought was fair and just, she would Topeka, Kansas where her civic endeavors ip fight a buzzsaw to accomplish her goal. At are legendary. these times, she made Carrie Nation look However, acting with great caution, and like a Caspar Milquetoast. She was a shin in the event some person in the room dupli ing example of the old adage attributed to a cated Rip Van Winkle and missed the last 25 man, which is, "There is only one way to years of national and state history, let me fight a woman and that is with your hat briefly recount her outstanding career. grab it and run." A graduate of Washburn University, she My informant said that Georgia was always had a distinguished successful business polite, courteous and diplomatic, but she was career, and an exciting political career that in charge. She asked for no quarter and gave culminated in her appointment as the first none. Her motto and her actions call to my female Treasurer of the United States from 'pt mind the motto emblazoned on the shields of 1949 to 1953. All of this was followed by her certain Scottish nobles centuries ago, which leadership in a succession of good causes read in Latin, "Nemo me impune lacessit" including service as a Washburn Regent and "No one assails me with impunity." in her recognition by this organization as a She conveyed a feeling to others that Distinguished Kansan. in they were dealing with fire. Once a decision Now her friends have honored her by the was made, Georgia faced the consequences establishment of a nonprofit corporation without fear. Here another Latin expression which will each year provide the sum of $500 might convey her position. This would be, to be awarded to the young person selected "Eat caude cum pele"—"Let the tail go with as the oratorical winner by a group of inde- the hide." An old rural and ranch expression fPH

§fH ? 140 | The Honorable Richard Dean Rogers that really means, "Damn the torpedoes, full army of lions commanded by a sheep. I speed ahead." Napoleon would have been proud of Georgia, Ladies and gentlemen, I am not present just as I am proud of Georgia. As you can ing to you an indecisive woman. She could tell, I like her, I respect her, I believe her life take command and many times did so. will someday be made into a movie, and I am honored to be allowed to present her to Napoleon said that he would rather have an 1 army of sheep commanded by a lion than an you this evening.

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Appendix E pi EULOGY TO WARREN W. SHAW was at least five feet eight inches in height. October 1,1992 Willard stood up, gained the attention of the speaker and said, "As far as I am concerned, large women make for very benign hus all the friends of Warren Shaw bands." As I lookassembled around and this see church all and the fine see On January 30, 1992, I received a letter 9t lawyers and judges who have known him for from Waddie in which he said, "This after so many years, I realize that I am not the noon I was going through my desk and ran pi person best qualified for the assigned task. across a few little gems which, if you do not However, I still believe in the old adage that have, you should have." Always the soldier, says: "Use the talents you possess for the along with humorous war incidents he had iPH woods would be silent if no birds sang except included the speech made by General Patton the best." Therefore, I will proceed. to his men before they left for Normandy. It Will Rogers once said that he had never touched on fear and on death, and Waddie IP} met a man he didn't like. I can top this thought that it should be read by every because in my experience, I have never met young boy and girl in elementary school. It a man or a woman who did not like Waddie ff^ was similar to Reverend Peter Marshall's Shaw. Oh, what a delightful gentleman we sermon to the graduating class at West were all privileged to know and love. Warren Point during the war years where he offered ^ was a large man with a commanding the assurance of God's love and protection. physique and presence. Yet, in spite of his Warren Shaw's career covered a wide size and strength, he was extremely kind range of experiences. He was the epitome of

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The Honorable Richard Dean Rogers 143 pn sphere of thought into which other men I will shortly conclude as Warren liked rise with labor and difficulty; who is simplicity and did not stand on ceremony, pi what he is from nature and never and he would have liked best the words of reminds us of others." Yeats [Yates], the haunted old Irish poet, who said, Ipi Warren Shaw was cut from a singular mold. Warren Shaw never reminded me of others. He was an unusual person who, in "Never to be born is best my discussions with him, always came up The ancient writers say, with a unique and relevant thought that But the second best is a gay goodnight would have escaped me and others. I knew And quickly turn away." PI and admired him for many years but, no doubt, a far shorter time than many who To all of us who still have responsibilities have assembled here today to pay tribute to and duties, let's take to heart the quotation pi Warren and his family. I liked him and I from Wyatt Cooper's Families. It goes: think he liked me, but Warren liked every "Life itself is brief, and yet each life IS one. We had similar views on government, encloses all eternity. We are, all of us, legislation, law and golf. He was my loyal separately and together engaged on the adviser and friend. same tough journey. Each of us alike |B One of the best observers of Waddie, a tastes of its joys and its sorrows. Each of long-time friend, told me, "I was close to us gets by as best he can. And we must, Waddie for 40 years, and he was the most whenever possible, reach out to each considerate person of other people that I other, tentatively to touch, with our ever met. He was a delightful fellow to be hands, with our eyes, and with our around and was one fine lawyer." In the eyes hearts. We must wish for each other love of your speaker, this about says it all. War and laughter, smiles and sunshine, good ren was a gentleman and a scholar. thoughts and happy days. We must go fit As I said, Warren had a great sense of rejoicing in the blessings of this world, humor, and if I were pleading a case today chief of which is the mystery, the magic, for our great and good friend, who in his ip* the majesty and the miracle that is life." dealings with others was most thoughtful and kind, I would tell the story used by Warren Shaw was one of God's noblemen who did leave the world better than he IP Abraham Lincoln in his plea for mercy from a jury for his client. Lincoln told about the found it, for he enriched the lives of all who old Indian Johnnie Kongapod, who prepared knew him. His keen intellect and probing ipi an epitaph for his tombstone in his own mind, his sensitivity, his appreciation of oth words. It said: ers, his sharp wit and his love of life made him unique among men. In his last days, no "Here lies poor Johnnie Kongapod, man demonstrated bravery more eloquently. Have mercy on him gracious God, He was an example for all of us and will As he would do if he were God, remain so. And you were Johnnie Kongapod." Robert Kennedy, at the 1964 Democratic National Convention, in his last tribute to the memory of his brother, President John 144 The Honorable Richard Dean Rogers

Kennedy, turned to Shakespeare. The same to the silent and unknown future, can rely words fit well our departed friend. I quote: with just and reasonable confidence upon that most impressive and momentous "When he shall die take him and cut assurance ever delivered to the human him out in little stars and he will make ! the face of heaven so fine that all the race, which is, "He that believeth in Me world will be in love with night and pay though he were dead, yet shall he live, and whosoever liveth and believeth in Me shall no worship to the garish sun." never die." And so we leave Warren Shaw, his mem And so I say, "Goodnight, Warren. We 1 ory like a cloudless sky, his conscience like knew you well, and your memory will a sea at rest. His life was a life of triumph, endure." and we now contemplate the monument of Thank you all for joining me in this sin good deeds that he erected more enduring cere but inadequate tribute to our departed than the pyramids. And all of us, as we turn friend. }

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pti Appendix F Affiliations, Honors and Awards for Credit Association, Manhattan Mutual Life Richard D. Rogers Insurance Company, State Farm Mutual Insurance Company, Kansas State University .p& Wamego High School, 1939; B.S., Kansas Endowment Association, City Investment State University, 1943; J.D. University of Company, Agri Research, Inc., Ohio Casualty Kansas, School of Law, 1947 Group, Board of Education of Manhattan, ip Randolph School Board, Farmers Insurance Beta Theta Pi social fraternity; Phi Delta Group, Allied Mutual Casualty Company, Phi legal fraternity ip General Counsel for Kansas Farm Bureau and Service Companies, First National Topeka Bar Association, Kansas Bar Bank, Home Savings and Loan Association, Association, American Bar Association, Kansas State Bank, Leonardville State American Judicature Society, Shawnee Bank, State Attorney for Farm Department, County Bar Association, Riley County Bar Metropolitan Life Insurance Company PR, Association, Central Kansas Bar Association Republican: precinct committeeman; World War II service in U.S. Army Air county chairman; district chairman; chair Corps, Commissioned 2nd Lt. in U.S. Army man, of the Republican State Central Com Infantry, May 15, 1943, transferred to Air mittee, 1962-1964; chairman of political Corps, early 1944, 1st Lt., Jan. 17, 1945, campaigns of Governor John Ander Capt., April 1945, awards, Air Medal, 1st son, 1962, Senator James B. Pearson, 1966, Oak Leaf Cluster, 2nd Oak Leaf Cluster, and Governor Robert F. Bennett, 1974. ■pi EAME Theater with bronze stars for Balkan Riley County Attorney, 1955-1959; State Campaign, German Campaign, North Representative, 1965-1969; State Senator, Appenines Campaign, Po Valley Campaign. PR 1969-1975, president of Senate, 1975. In Distinguished Flying Cross, June 18, 1945, nonpartisan elections, elected to Manhattan Discharged, Sept. 4, 1945, Stayed in City Commission for two year term, 1951- fP reserves, Retired, August 3, 1961. 1953 and served as Mayor of Manhattan, 1952-1953; elected to a four year term, 1961- Springer and Rogers, private practice, 1965 and served as Mayor of Manhattan, ipi 1947-1956; (Taught Business Law, Kansas 1964-1965. State University, 1947-51) Rogers and Stites, private practice, 1956-1959; Rogers, IP "Young Man of the Year," 1952, Manhattan Stites and Hill, private practice, 1959-1975. Junior Chamber of Commerce; Kansas Local Counsel for Manhattan Production Day Club, president, 1958; Distinguished ,inj 146 | The Honorable Richard Dean Rogers Alumnus Citation, University of Kansas member of executive committee and presi Law School, 1980; Honorary Life Member dent, 1994-1995; 10th Circuit District Award, Washburn University School of Judges Association, president, 1985-1986; Charter member of the Committee on Law, 1983; Honorary Doctor of Humane 1 Letters, Kansas State University, 1985; Space and Facilities, Judicial Conference of Distinguished Kansan of the Year, 1985, by the United States, 1987-1993; Presbyter (WW the Native Sons and Daughters of Kansas; ian; PTA; Kiwanis; Rotary; American Kansas State University Foundation, Legion; VFW; Elks; Masons; Riley County Trustee and past president; University of Historical Society; Goodnow Memorial Kansas Alumni Association, past director; Museum Association; Manhattan Country University of Kansas Law School, past Club; Topeka Country Club; Topeka YMCA, president and member of board of directors; president; board member, Railroad Days 1 Kansas State Historical Society, director, Celebration.

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PR Bari, Italy, 39 B-24 Bomber (Liberator), 39 Adams, John Harold "Hobbs", 33, 34 Barry, Willard, Appendix E Bureau of Reclamation, 68 additions annexed to city, 67 Bascom, Lillian, 66, 70 fg| "administrative segregation", 114 Burgoyne, General John, 7, 8 basketball, 21, 23, 24 Burlington Northern, 103 affiliations, Appendix F Battle of Bennington, 7, 8, 9 Bush, President George, 110 Battle of Saratoga, 7, 10 Aggieville, 30, 34 Bussart, Ernest, 23 Agnew, Vice President Spiro, 82 Battle of Yorktown, 8 Ahearn, Athletic Director Mike, 31 Bauer, Martin, 93, 95 Ahearn Field House, 66 Bay Lake, Deer Wood, Minnesota, 55 CALM v. Brownback, 107-110 AIDS, 105 Beecher Bible and Rifle Church, 77, Camp Wolters, Texas, 37-38 Albany Committee of Correspon Appendix C Canada, 8-9 dence, 7, 9 beer, 20 Canteen, The, 32 Albany, New York, 7, 10 Beeson, Mrs. (7th grade teacher), 19 "All America Award", 67 car, learning to drive, 18 Belfield, Virgil D., 19 Carlin, Governor John, 92, pS Alma, Kansas, 91 Bell, Fletcher, 92 Appendix C Altoona, Pennsylvania, 2 Bennett, Olivia, 92 Carnahan Creek community, 54 American Convention of Human Bennett, Senator and Governor Carpenter, William Randolph, Sr., 56 Rights, 105 Robert F, 1, 82, 92, 93 97, 113, Carpenter, Judge William Randolph, American Correctional Association, Appendix C 109 114 Benson, Page, 53 cars, Buick, 3,14, Chevrolet, 29, American Revolution, 7 Bergland; Hiatt, 104 Ames building, Manhattan, 55 Ford, 14, 16, 18, 53 PR Bermuda, 10 Carlsbad Caverns, 27 Anderson, Attorney General and Beta Theta Pi fraternity, 31, 52, 54, Castellani, Alleen, 97 Governor John, 73, 80 63,98 Anderson Hall, 30 Castro, Fidel, 105 Big Six Athletic Conference, 29, 33 Catalina Island, California, 27 |SPI ABA Services: Palmer News Inc., et Biggs Field, El Paso, Texas, 38 catalogue of court opinions, 101 aL, 102 Bluestem Dinners, 91-92 Cerignola, Italy, 42 Army Air Corps, 38-50 Board: Brown, 105- 107, 111-113 Charlson, Sam, 66 Army Air Corps Reserve, 49 pi Boeing: Flight Concepts, 117 Chicago, Rock Island and Pacific, 103 Army Corps of Engineers, 68 bombing targets, 46-48 Childers, Edna (1st grade teacher), 6 Arney v. Finney, 114 Bond, Dick, 53 Christian, Jenette Parker, 1, 2 Arthur, Charles, 53, 65, 66 books read, 17 Artificial Dairy Products Act, 108 Christian, Tim, 5 Boone, Fred, 55 Christian, Valentine "Vol", 1, 2 Atchison, Topeka and Santa Fe, 103 Boston, Massachusetts, 109 athletic injuries, 23 Chrysler, Walter P., 13 boy scouts, 17 circus, 15 atomic bombs drop on Japan, 49 Boyd, Verne, 66 PR citation, DFC, Appendix B Atomic Energy Advisory Committee, Bradley, Gen. Omar, Appendix E 74 city capital improvement plan, 78 Brandt; Rinsley, 108 city government, Manhattan, 66 attorneys' fees, 113 Brant, Joseph (Mohawk), 10 Civil War Union army veterans, 2, 6, Auburn, Kansas, 96 IP! Brauchi, Representative Tony, 91 9, 12 Avery, W. B. "Barton", 66 Brewer, Chet, 71 Avery, Congressman and Governor Clardy Block, Wamego, 18 Brighton, Lamberton County, Clinton, Governor George, 7, 8 William, 59, 69, 90 Ontario, 6 Cloud County, Kansas, 2, 5, 6 SHI awards, Appendix F Brimelow, Peter (author), 10 Clyde, Kansas, 1, 2, 5, 6,14 Ayers farm, 15 Brinkley, Dr. John R., 15, 18 AZT, 105 Cochran, Owen L. "Chili", 33 Brown, Hoyt, 49 Coder, Wanda, 78 Brown, Judge Wesley E., 1, Appen- Coffeyville Journal, 79 IS^ B dixA Coffman, Jack (newspaperman), 76 Bagley, Ed, 32 Brown Memorial Scout Camp, 17 Colburn; Craig, 102 Bahamas, 10 Brown v. Board, 105-107, 111-113 Cole's Department Store, Manhat Brownback; CALM, 107-108 tan, 29 pppl

148 The Honorable Richard Dean Rogers

Colorado, 2 District of Columbia, 105 Fletcher, Judge Arthur B., 83 Columbian Opera House, Wamego, Docking, Governor Robert, 54, 79, 90 Flight Concepts v. Boeing, 117 18 Dodds, Margie, 25 Floersch, Bob, 31 (Hi Columbian Theater, Wamego, 20 Dole, Congressman and Senator flood of July, 1951,66 Colvin, Bill, 78 Robert, 59, 80 fluoridation of city water, 67 } combat missions, 43-46 Doolittle, Col. James, Appendix E Foggio, Italy, 42 Committee on Flood Protection, 69 Dresden, Kansas, 3 football, 21-23, 33-34 Commonwealth Theaters, 34 Duncan, Dale, 65 Ford, Vice President and President | Comprehensive Drug Abuse Preven Duncan, Lawrence, 33 Gerald, 82, 83 J tion and Control Act, 115 Foulston, Robert, 54 computerization of court records, 101 E 456th Bomb Group (H), 744th Air (Jfllf

Concannon, Tish Rogers, 96 Edwards, Ed, 23 Squadron, Fifteenth Air Force, 39 f Concannon, Jim, 96 Eisenhower, General and President Frank Carlson Federal Building, 98, Concordia, Kansas, 2, 6 Dwight D., 69, 71, Appendix E 118-120 Conklin, Cynthia "Cindy", 97 Eisenhower, President Milton, 60, 71 Freedom of Information Act, 115 (W8, Conklin, Katherine E., 97, 98 ElDorado, Kansas, 114 Fribley, Representative Clyde, 87, 88 Conklin, Kenneth E., Ill, 97, 98 Elk Creek, Cloud County, Kansas, 2 Fry, Wes, 29, 33 Consumers Bill of Rights, 81 Ellington Field, Houston, Texas, 38 Frydman v. Dept. of Justice, 114-115 convocations, student, 32 Ellsworth, Kansas, 114 Ft. Benning, Georgia, 37 Conwell, John, 31 El Paso, Texas, 27 Ft. Scott, Kansas, 86 Cooper, Wyatt, Appendix E Emerson, Ralph Waldo, Appendix E Correll, C. M. 32 Emory University, 111 G Correll, Charles Joseph, 49 Emporia State Teachers College, 33 Gaar, Senator Norman, 92 Coss, Vernon, 5 England, 10 Gage, Walter Reed, 55 Craig, Tom, 49 environmental impact statement, Gates, General Horatio, 7 flW Craig v. Colburn, 102 104 General Foods v. Priddle, 107-108 Crane, Harry, 65 Ernestown, Ontario, Canada, 9, 10 George Mason University, 111 Creighton University, 98 Evans, Ray, 53 Gibran, Kahlil, 94 criminal cases, 99 Glasscock, Terry, 78 Crow, Judge Sam, 119 Golden Belt Highway, 14 Cuban boat people, 105 Fairbanks, Mary Rogers, 8 Goldsberry, Gene L., 119 "curb service boy", 17, 20, 27 fair housing legislation, 78 Goldwater, Senator Barry, 74-75 family vacations, 81 Golf v.Lloyd's, 116 P» D Farm Bureau counsel, 57, 62, 72 Gomez, Ralph, 95 Dallas, David, 35, 71 Farmers' Union Store, Wamego, 5, graduation; high school, 25; college, Dallas, Jean, 78 13 37; OCS, Ft. Benning, 37; bom Daughters of the American Revolu Farrell, President Francis D., 36 bardier-navigator school, 38; law tion, 10 Faubus, Governor Orville, 100 school, 54 Davis, General Ben, 49 Federal Land Bank: Matzke, 104 Graham, Mr.and Mrs. Harry, 23 Davis, Kenneth, Appendix C Federal Land Office, Oberlin, 2 Graham, Pastor John, Appendix A Decatur County, Kansas, 2-4 Feist Publications. Inc.; Rural Tele Grand Canyon, Arizona, 27 decorations, 46-47 phone Service Co., 101-102 Graves, Secretary of State and Gov decorations for 456th, 47 Fellows R. J., 116 ernor Bill, 107 DeKalb County, Georgia, 112 Fernandez v. Wilkinson, 105 Graves; Hagelin, 116 DeLoach, Ralph, 94,121-122 Filled Dairy Products Act, 108 Graves; Porter, 114 Democratic party, 18 Fink, Lori, 95 Gray, Georgia Neese, Appendix D Dept. of Justice: Frydman, 114-115 Finney, State Treasurer and Gover Green, Dick, 78 Dept. of Social and Rehabilitation nor Joan, 92, 107 Green, George, 55 Services, 116 Finney, Deputy Sheriff Monty, 20 Green Hall, 54 depression of the 1930s, 18 Finney: Arney, 114 Green, Prof. James W. "Uncle Detroit, Michigan, 6, 102 First National Bank, Manhattan, 72 Jimmy", 53 (US dial telephones, 29 First National Bank, Wamego, 18, Greenwood v. McDonough, 102 Dierdorff, Representative Arden, 87 22 Gressett; USA, 116 i discharge from Army Air Corps, 49 First Presbyterian Church, Manhat Gressett, Ray A., 116 Distinguished Flying Cross, 46-47, tan, 56, 57, 59 Grieves Cafe, 18, 20 Appendix B First Presbyterian Church, Topeka, Griffith, Evan, 65 "Distinguished Kansan of the Year, 121 Groesbeck, Arthur, 65 1985", 109, Appendix C Fitch, Laura S., 1 Grout, Coach W E. "Pee Wee", 21, 25 The Honorable Richard Dean Rogers 149

Grout, Mr. and Mrs. Wesley, 23 House of Representatives, 1965-69, K-State Collegian, 30, 34 Gwin, Fritz, 33 75 Kaul, Justice Robert, 1, 20 Howe, Harold, 66 H Kaw Valley State Bank, Wamego, Howe, Admiral Richard, 7 16,51 Hackney, Elmer, 31, 32 Hruska, Senator Roman, 83 Keller Cafe, 18 Hagelin v. Graves, 116 Hudson River Valley, 7, 10 Kennedy, President John F, Appen IPI Hagelin, Dr. John, 116 Huey, Dr. (dentist), 20 dix E Hager: USA, 115 Human Relations Board for Manhat Kennedy, Robert, Appendix E Haley, Senator George, 78 tan, 76-78 Kier, Charles, 33 Haley, Will P. "Pat", 94, 95 humor, 85 Kimble, Sam, 55 IS Hamilton, Connie, 95 Hutchinson, Kansas, 114 Knecht, Ella, 18 Hamilton, Ontario, 11 Knostman's Clothing, Wamego, 19 hangings in the American Revolu Korean War, 35 tion, 8, 9 lies, I. V, 32 Harbaugh, Merv, 32 in camera, 115 L Harlan, Hal, 56-57, 62, 65, 109 Ingalls, Senator John J., 73, laetrile, 105 Harmon, Dr. Mary C, 37 Appendix C Lake Champlain, 9 Harvard University, 109 ■$P Ingram, Russ, 93, 95 land grants to veterans, 9 Hayden, Governor Mike, 107 installation as judge, 1, 95, Appendix A land losses, 9-10 Hayes, Representative John, 87 Isabella County, Michigan, 6 Landoll Corporation, 100 Haylett, Ward, 55 Heckler Block, Wamego, 13, 14 Landon,AlfM., 20 J Langvardt, Chris, 33 Herd, Justice Harold, 121 Jack, Lowell, 78 Herman Plesse Dry Goods and Gro Lansing, Kansas, 114 Jayhawk League, 22-24 La Junta, Colorado, 27 ceries, 14 Jeffrey, Balfour S., 76 Larson, Judge Edward, 121 Hessians, 10 Jennings, Kansas, 3 LaSiesta; Sharp, 118 Hessin, John E., 55 Jessup, Colonel Edward, 9 Las Vegas, Nevada, 27 Heywood, Ken, 60 Johnson, Cindy, 95 Hiatt v. Bergland, 104 Laughinghouse v. Risser, 115-116 Johnson, President Lyndon B., 75 law office relocations, 63 high school trip, 26-28 Johnson, Mary, 7 law school, 28 highway laboratory, 29, 31 Jones farm, 15 Leavenworth prisons, 100 Highways US 24 & US 40, 14 Jones, Capt. David, 9 leave in Egypt, 49 Hill, Senator Ben, Appendix E Jones, George Robert, 15, 20-24, 49 leaves in Italy, 48 Hill, Representative Clyde, 87 Juarez, Mexico, 27 Lecompton University, 54 Hill, Judge Delmas C, 1, 17, Appen judicial seminars on law and eco Lee Overall Company, 2, 15 dix A nomics, 111 Lee, Robert E., Appendix E ipt Hill, Donald, 63 Julien farm, 15 legal business, 72 Hill, Dr. Howard T, 68 Junction City, Kansas, 14 legal training in past, 53 Hill, Randall, 63 LeMay, Gen. Curtis, Appendix E Hiser, Glen, 117 K Lennen, Michael, 103 Hi-Y, 25 Kaine, Blanche, 19 Leonardville State Bank, 72 Hoch, Homer, Appendix D Kaine farm, 15 Liberal, Kansas, 74 Holbrook, Arizona, 27 Kansas Bar Association, 1 Lincoln, Abraham, Appendix E Holliday, Cyrus K., Appendix C Kansas City, Kansas, 110 Line, Charles W, 49 Holloman, Rev. Roy C, 88 Kansas City, Missouri, 4, 113 literature, 85 Holmes, Chief Justice Richard, 121 Kansas City Star, 17, 33, 86 Lloyd's; Golf, 116 Holmes, Justice Oliver Wendall, 101 p*i Kansas constitutional change, 81-82 Los Angeles, California, 27 Holton, E. L., 55 Kansas Day Club president, 73 Louisiana, 103 Home Savings and Loan Association, Kansas Farm Bureau, (see Farm loyalists or tories, 7, 9, 10 55,72 Bureau) Homestead Act of 1862, 9 Lupfer, Dave, 31 Wi Kansas Highway Patrol, 4, 91 Lyle, Rachel, 95 Honda; Stueve, 104-105 Kansas Power and Light Company, honors and citations, 109, Appendix 76,97 M F Kansas State College, 18, 28, 29 Magdaleen (cousin), 5 pi Hook, Z. R., 66 Kansas State Endowment Associa magnet schools, 112-113 horses, 60, 97 tion, 60 Mahareshi University, Fairfield, Hosick, Albany County, New York, 8 Kansas State University, 88, 97, 98 Hotel Jayhawk, 86 Iowa, 116 0k Kappa Kappa Gamma sorority, 31 Maitland, Sir Peregrine, 11

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150 The Honorable Richard Dean Rogers

Manhattan apartment, 55 Murphy Drug Store, 17 Parsons Sun, 105 Manhattan, Kansas, 14, 18, 28, 29 Murphy, Joe, 18 patriots, 7 Manhattan Kiwanis club, 56, 66 Murrah Federal Building, Oklahoma Patton, General George, Appendix E Manhattan Mercury, 16 City, 120 Pearl Harbor bombing, 35 Manhattan Mercury-Chronicle, 34, music, 85 Pearson, Senator James B., 73, 79, 80 70,72 People Heritage FSLA, 116 Manhattan Municipal Airport, 68 N Pines Cafe, 34 Manhattan Music Club, 57 Nation, Carrie, Appendix D Phi Delta Phi legal fraternity, 53, 54 Manhattan Mutual Life insurance National Geographic, 55 Philadelphia, Pennsylvania, 10 building, 55 National Labor Relations Board, 118 Phillipsburg, Kansas, 2 Manhattan Mutual Life Insurance Natural Law Party, 116 Plessy v. Ferguson, 106 Company, 55-56, 72 naturalization ceremonies, 120-121 political activity, 18 Manhattan Post Office, cornerstone, Nebraska, 2 political controversy, 65 76 Nelson, Andy, 97 Porter, Dean, 31 marriage, 54, 98, Nelson, Cappi Rogers, 97 Porter, Judge A. S., 54 Marshall, Rev. Peter, Appendix E Nelson, Douglas, 97 Porter v. Graves, 114 Marysville, Kansas, 1 Nelson, Ryan, 97 portrait presentation, 121-122 Mason, Harold, 34 New Brunswick, Canada, 6, 10 Pottawatomie County, Kansas, 13, 55 Massachusetts, Appendix C Newport News, Virginia, 39 Prairie National Park, 72-73 mayor, 1952-53, 67-68; 1964-65, 75 New York, 8, 9, 10 Prentice, James L., 95 I Matzke v. Federal Land Bank, 104 New York City, 10 Prentice, Leslie Granger, 95 McCain, President James A., 60, 67 New York Times, 107 Prentice, Robert A., 93, 95, 122 McCloud, Sarah E., 6 Nichols Gymnasium, 30 Presbyterian Church, Wamego, 14, McClure, Joe, 117, 118 Nixon, President Richard M., 82 17 j McClure; Umbehr, 117-118 "no fault" auto insurance, 81 Priddle; General Foods, 107-108 McDonough; Greenwood, 102 Norcatur, Kansas, 3 prison overcrowding, 113-114 McFarland, Kansas, 25 Norton, Kansas, 114 Probasco, Beverly, 95 I J McGill, Representative Pete, 87, 93 Nova Scotia, Canada, 10 products liability, 102, 104, 105 McKnight, Gary, 119 nursing homes and Medicaid, 117 Professional Investors, v. Roussel, McLaughlin, Judge Lewis, 66 103-104 McMillen, Janie, 29 o promotions, Appendix F Medicaid, 117 Oberlin, Kansas, 1-4, 6, 14, 31 "public figure", 108 Memorial Day, Sunset Cemetery, 73 O. B. Larson and Sons, Wamego, 20 public service and memberships Mesa, Arizona, 27 O'Connor, Judge Earl E., 80, 94, itemized, 81, Appendix F Metropolitan Life Insurance Compa 121-122 Pusateri, Judge James, 103 "I ny, 72 Odertal, Czechoslovakia, 46-47 Putnam, Dr. Laurel Irene, 60-62 Michigan State College, 33, 34 Oklahoma City, Oklahoma, 112 (•BE) Miller, Emil, 31-32 Onaga, Kansas, 25 Q Miller, Howard S., 69 Ontario, Canada, 6, 10 Quakers, 7, Miller, Vern, Democratic candidate opinions, 98 Quebec, Canada, 9, 10 for Governor, 82 O'Quinn, Russell, 117 Missouri-Kansas-Texas, 103 Order of the Holy Cross, 61, 62 R Moll, Clyde, 17 organist, First Presbyterian Church, "racially unitary system", 107 Monahan, Ashley, 66, 70 Manhattan, 57 Racketeer Influence and Corrupt Montgomery, Field Marshal Oskaloosa, Kansas, 119 Organization Act, 104 1 Bernard, Appendix E Otto, Henry, 65 radio station KFKB, Milford, Montreal, Quebec, Canada, 9 "outrage" and tort law, 116 Kansas, 14, 15 Moore, Millard, 72 Owen, David, 100 railroad, 2, 6, 13 Moore tract, 70-71 Railroad Days, 97 Moreau, Dean Fred, 53 P Railroad Park, Wamego, 13, 16 Morgan, Ray, 86 Palace, The, 32 Randolph Field, San Antonio, Morrill Land Grant College Act of Palmer News, Inc., et al. v. ARA Ser Texas, 38 1862, 36 vices, Inc., 102 Ratner, Governor Payne H., 26 Morris, Harry, 29 Pampa, Texas, 27 Ratner, Payne H., Jr., 54 Mount Dora, Florida, 35 Park Hotel, Wamego, 14 Ready, Robert, 54 "mouse in bombsight", 44 Parks, Gordon, Appendix C Reagan, President Ronald, 110 "1 Mt. Pleasant, Michigan, 6 Parrish, Fred L., 32 Reality Police, 108 Mundy, Larry, 95 Parsons, Helen, 15 reapportionment, 108

(MM The Honorable Richard Dean Rogers 151 §Pf Reitz, T. Russell, 78 Rogers, Rex Lane, 35 senior status announcement, 109- relocations in Manhattan, 58-59 Rogers, Robert Rex, 4, 13-19, 28, 35- 110 relocations in Topeka, 96 36, 59, 85 "separate but equal", 106 Republican candidate for county Rogers, Sarah Benson, 6 sentences, 99 attorney, 72 Rogers and Stites, 72 Servicemen's Readjustment Act of Republican county chairman, 65 Rogers, Stites and Hill, 63 1944 (G.l. Bill), 51-52 Republican district chairman, 65 Rogers, Stites, Hill and Wilson, 83 Sharp v. LaSiesta, 118 Republican National Committee- Rogers, Thomas, 6, 7 Shaw, Warren W, Appendix E woman, 79 Rogers, Trevor, 97 Sherman Field, Ft. Leavenworth, Republican National Convention, Rogers, William, 9, 10 Kansas, 49 San Francisco, 1964, 74-75 ipi Rogers, William Clark, 1-6, 13-15, Silverstein, Thomas, 99 Republican National Conventions, 18-19, 29, 37, 58-59, 85 97 Simpson, Dr. William, 121 Rogers, William John, (b 1681), 7 Skyfox, 117 Republican party, 18, 56 Rogers, William John (b 1857), 2, 5, Smith, Representative Glee, 53, 88 fW, Republican precinct committeeman, 6 65 Smith, Prof. James Barclay, 53 Rogers, William John, Jr., (b 1750), Smith, Representative Shelby, 91 Republican River, 5 6,7,9 Smith, General Walter Bedell, Republican state chairman, 65 Rogers, William John (b 1708/9), 6, Appendix E Reserve Officers Training Corps, 7,9 Smithfield, England, 7 ROTC, 28, 36 Rokey, Ray, 33 Snyder, Gene, 33 resignation from Air Force Reserve, Roosevelt, President Franklin D., 18, Sons of the American Revolution, 10 73 pp^ 37 Sorel, Quebec, Canada, 9 Rieger, Les, 78 Roussel; Professional Investors, 103- South Bend, Indiana, 1 Riley County Memorial Hospital, 85 104 South Carolina, 8 Rinsley v. Brandt, 108 Roussel, Louis, 103 Spaatz, General Carl, Appendix E Risser; Laughinghouse, 115-116 Royal Purple, 30 Spencer, George, 117 Riverdale, Michigan, 6 Rupp, Clarence, 63 Springer, Alvin R. (Rudolph), 54-56, Robinson-Patman Price Discrimina Rural Telephone Service Co., v. Feist 65 tion Act, 102 Pfl Publications, Inc., 101-102 Springer, Donald A., 55 Rogers, Alexis "Alix", 97 Rust, Charles., 66 Springer, Jacob, 54 Rogers, Bernard, 32 Springer, Lucinda "Lula" L. Rogers, Beth, 54, 57-58, 65, 74, 79, O'Daniel, 55 82, 83, 85, 95-97 Saffels, Judge Dale, 100, 122 Springer, Mary Ellen, 55 Rogers, Cappi Christian, 59, 85, 86, Saginaw Bay, Michigan, 6 Springer and Rogers, 62-63, 72 97 San Angelo, Texas, 38 "stadium gang", 31, 34 Rogers, Clara Elizabeth Williamson, San Antonio, Texas, 35 2 Stadler, Bob, 53 San Diego, California, 27 Stanley, Judge Arthur J., 80 Rogers Clothing Store, Oberlin, Santa Fe Trailways bus, 26 State Senate, 1969-75, 79-83 Kansas, 2 Saratoga, New York, 7 Stark, General John, 7 Rogers, Cynthia Conklin 'Cindy", 98, Sauble, Pat, 31 Stark, Sharon, 95 119, 120, 121 Sauers, Bobby, 20 Steed, Colonel Thomas W, 40 Rogers, Eva Marie, 35 Savage, James E., 116 Stelzner, F. E. "Brownie", 17, 20 Rogers, Evelyn Mae Christian, 1 , 4, Schenectedy, New York, 6 Stevenson, Adlai, 69 ppn| 14-19, 29, 37, 54, 58-59, 85 Schoeppel, Senator Andrew F, 74 Stevenson's Department Store, Man Rogers, J. C, 18 school board attorney, Manhattan, hattan, 29 Rogers, John, 6 72; Randolph, 72 Stewart, Bob, 15 Rogers, John (the martyr), 7 Schuyler, David, 8 Stewart Funeral Home, 15 S^ Rogers, Joseph, 10 Schuyler, General Philip, 7, 9 Stewart, Mr. and Mrs. Glen, 23 Rogers, Josh, 97 Scranton, Governor William, 74-75 Stewart, Harold, 25 Rogers ladies ready-to-wear, Schwandt Building, Wamego, 13 Stewart, Helen Elizabeth "Beth", 6, Wamego, 29 Scotland, 7 25-26, 31, 54, 85 Rogers, Senator Larry, 97 Scott, Debra, 95 St. George, Kansas, 14 r Rogers, Letitia "Tish" Ann, 59, 85, Seaton, Secretary of the Interior Stites, John, 54, 60, 62 86, 97, 119 Fred, 72 Stites, Russell, 54 iSPPj Rogers, Richard Kurt, 59, 96, 97 Seaton, Richard, Sr., 34, 55 St. James Episcopal Church, Wichi Rogers, Marie Lane, 35 security, 118-119 ta, 86 Rogers, Martha Dreiling, 97 Security Benefit Life Insurance Co., St. Joseph, Missouri, 2, 92 Rogers, Mary White (Weith), 6, 8, 9, 11 97 St. Lawrence River, 9

■*S| 1 152 The Honorable Richard Dean Rogers

St. Marys, Kansas, 25 United Empire Loyalists, 10-11 Wamego Drug Store, 17, 20, 21, 50, Stockton, 114 Universal Declaration of Human 85 Stone, Eugene, 23 Rights, 105 Wamego Juvenile Band, 19, 85 Stones, Patricia A., 95 University of Colorado, 33 Wamego, Kansas, 1, 28 pSftk Storey, Senator Robert, 92 University of Kansas, 33, 88 Wamego's Old Stone School, 13 Stornara, Italy, 42 University of Kansas law school, 28, Wamego Times, 17 St. Petersburg, Florida, 55 50-54 Ware, Eugene Fitch, 86 Stueve v. Honda, 104-105 University of Missouri, 33 Wareham, Harry, 55 Surface, J. B., 54 University of Nebraska, 34 Washburn University school of law, "sweat of the brow" doctrine, 102 University of Oklahoma, 33 28,50 swimming, 15 University of South Carolina, 34 Washington Day celebration, 73 Upper Canada, 10 Wassberg, Ivan, 65 USA v. Hager, 115 Watson, Henri J., 105 i teaching business law, 57 USA v. Gressett, 116 Weber, Ort, 56 Templar, Judge George, 1, 83, 95, U.S. District Court, Topeka, 98 Weese, John, 10 UN Appendix A U.S. Immigration Service, 120 Wesche, D. C, 66 i Tenth Circuit Court of Appeals, 102, U.S. marshals "like soldiers", 102 Wesche, Homer, 76 ; 103, 105, 111, 112, 115, 116, 117, U.S. Parole Commission, 100 Wesche, Orpha, 78 118 U.S. Sentencing Commission, 99 Wethington, Wilma, 121 (flWSS Theis, Judge Frank, 56 U.S. Supreme Court, 102, 105, 106, whiskey, 20 J Thomas, Leonard O., 1, Appendix A 112, 113, 116 white collar crime, 100 "use" of guns in drug case, 115, 118 Thompson Hall, 34 Wilkinson; Fernandez, 105 ill Tillotson, Senator J. C, 1, Appendix A Usher, John Palmer, 52 William Morrow and Company, 108 Topeka Air Base, 39 US.S. Argentina, 49 Williams, Prof. Dwight "Sleepy", 57 Topeka Arts Council, 97 Williams, John, 6 Topeka, Kansas, 96, 106 Williams, Mary, 6 Topeka Capital-Journal, 104 Van Bebber, Representative, Magis Williamson, Thomas, 2 Topeka Daily Capital, 23, 76 trate and Judge G. T. "Tom", 91, Wilson, Barbara, 97 Topeka State Journal, 106 94, 97, 100, 110, 121-122 Wilson, J. Robert, 58, 61, 65, 93, 121 tory or loyalist, 7, 9, 10 Vandenburg, General Hoyt S., Wilson, Paul E., 106 Treaty of Paris, 1783, 10 Appendix E Winter, Senator Wint, 88 Truman, Harry S., 18 Venters, Tracy, 95 Wisner, Huldah, 54 Tuggle, Mrs. (1st grade teacher), 5 Victory Life Insurance Company, 104 Wisner, Michigan, 6 Turkington, Mary, 92 Virginia, Appendix C Woodson James, 75 Tuscola County, Michigan, 6 volunteering, 121 World War II, 37-50 "1 Tuttle Creek dam, 68-70 Tuttle Creek Reservoir (Lake), 73 w Twining, General Nathan F, 44, 47 Wabaunsee, Kansas, 14 Yeats, William Butler, Appendix E Wabaunsee County, Kansas, 13, 117- Yeo, Barbara, 78 u 118 YMCA, 97 Ulrich, Bernard, 56 Wagaman, Enza R., 54, 55 "Young Man of the Year", 71 Wall Street Journal, 107 Umbehr v. McClure, 117-118 I Umbehr, Keen A., 117-118 Wamego Buzz, 25 Unified School District No. 501, 106 Wamego Consolidated Rural High Z-Bar Ranch, 73 Union Pacific, 13, 103 School, 21, 26 Zeandale, Kansas, 14 j 1

009 i The Honorable Richard Dean Rogers I 153 f

if II r

r About the Author Homer E. Socolofsky is Professor Emeritus of history and University Historian at Kansas State University. One of his teaching specialties was history of Kansas. Among his many books are the co-authored Historical Atlas of Kansas, (1972, 1988), Kansas Governors, (1990), and co-compiled t Kansas History: An Annotated Bibliography (1992). He is a past president of the Kansas State Historical Society and a past president of the Agri- W c u l t u r a l H i s t o r y S o c i e t y

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pPi r 154 | The Honorable Richard Dean Rogers

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