The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-25

GREAT ARRAY OF LEGAL
TALENT ON BOTH SIDES
Arguments on Bill of Excep-
tiOns Heard at st. Paul De-
CisiOn Is Reserved.

ST, PAUL, MINI, MAY 24.-Not
since the last arguments were made in
the famous Northern Securities COM
phny in the United States Circuit court
here about three wears ago has there
been so noted an array Of lawyers as
appeared in that court this morning in
the case of the United States against
the STANDARD Oil company of New Jcr,
sey and its allied corporations Judge
S5anborn, Vandeventer, Herbert and Al.
ans were upon the bench, and the mat
ter under consideration was a bill of
exceptions filed by the Standard Oil
company against the government, com
plainant. which seeks to have tho
Standard Oil company and It's seventy
other companies declared An unlawful
combination in restraint of trade and
to have the combination dissolved.
Franl, u. Kellogg of this city repre-
sents tho government, and he made the
principal argument. He was assisted
by NJ D. Purdy. assistant United
States Attorney- General, and c. B.
Morrison. of Chicago.
The STANDARD Oil company was rep
resented by John T. Johnson Of Phil
adeIphia, Jobn c. Milburn of New
York, and II. S. Priest Of St Louis.
Details of Complaint.
The complaint, which was fled a
number of months ago in st. Louis,
sets up wellknown allegations against
the company and goes into extensive
details concerning various ofenses
which i; is alleged the company has
committed. The complaint begins with
the inception of the trust: shows the
relations which John D, Rockefeller,
II, Fl. Rogers and others Of the Stand.
ard Oil group bore to each other prior
10 1909, when the STANDARD Oil company
was organized as a holding company;
shows how these men prior To that date
held the stock of subsidiary and relat-
cd companies as trustees, and shows
how, IN 800, the Standard Oil company
was formed as a holding company to
take over the subsidiary and related
companies for the express purpose of
carrying on the method of business
which had been developed by Rookie.
feller, Rogers and the others as trus.
tees.
The purpose of the bill of excep
tion is to narrow the issue IN the case
TO charges against the STANDARD Oil
company. which date back not further
than 1899. when the company was or.
gained. The company files exceptions
and objects to all these parts of the
complaint which show the original al.
legged conspiracy OF the Standard Oil
trust. which preceded the organization
of the Standard Oil holding company.
The bill of exceptions makes some
thing like fifty objections TO the com.
plant, the purpose of all of which is
to narrow the issue by eliminating all
parts of the complaint that refer 10 the
business methods of Rockefeller, Rogers
and the others as trustees prior to
1899.
Ruling Will Not Be Final,
The ruling of the Judges upon the bill!
of exceptions will not determine the
final outcome of the government S case.
but the Judges will determine whether
the complaint shall stand as filed or
whether it shall be amended in any
particular as lema nded by the Stand.
ard Oil attorneys. If the decision Of
the Judges is with the government, then
the case will proceed along the hnes
heretofore outlined by Mr.. Kellogg, Mr..
Morrison and Mr. Purdy. If the con
tcntiou set forth by the Standard Oil
attorneys in the bill of exceptions are
upheld in any or all particulars, then 1T
will be necessary 10 extend the com
plant 10 conform with the ruling OF
the court.
In neither event the next step IN
the fight against the Standard OIL trust
will be the taking of testimony In sub
sanitation of allegations set forth IN
the complaint,
Attorney Johnson began his attack
upon the government s position by Fead'
ING what he termed important matter IN
tho bill of complaint, Tie said the
government charged the Standard on .
With having committed acts winch were
long in the past, OF which the court
could have no cognlzanee.- MI 'o9n-
son asked that all citations ana copies
of contracts or other agreements en-
h,y STANDARD
pany prior to 1899 be stricken from ths
bill.
Contention of Government.
Attorney Kellogg, for the complain
AMI. contcnded that the original form
nj the Standard Oil trust agreement
was still kept alive by the organiza-
tion and TO show that the sherman anti
trust act was violated 1t was necessary
to show up the history of the company
from the beginning, as 1T was the same
now as in the beginning
"These trust agreements extend
from one company to another. IheT
show that tho original Standard OIL
trust which was declared illegal was
dominated By the same president. the
same directors, the same board or trus-
tees. and operated III restraint of trade
and is a monopoly and is the same as
the Standard Oil holding corporation,
which is but subterfuge, he SAID
90 Arc we not going to be allowed TO
tell its whole history,
f'Must we fix Il date and chop OFT
our allegations there and be allowed
to 90 no farther back than 1892 liz
that, is to be our limit we might just
as we'll stop and say the Standard Oil
holding corporation exists, and let 1t
go at that.
''We allcge it is all one conspiracy;
that tho defendant get control of the