The evening world., 1908-12-10
mot TRUE,''FALSE,'
CRY LAWYERS At
THE OIL HEARING
Kellogg and Rosenthal Have
Fist Serious Nrangl- in
Years Legal War.
ROW OVER TESTIMONY.
Prof. Johnson Admits Trust
Made Sl.3O a Barrel on Its
Output in 1906.
ROW OVER TESTIMONY

For the first time since the Oil lnvesti-
CATION began over year ago. Lawyer
Rosenthal, representing the Trust, lost
his temper, and INDUCED in an angry
argumen; with Mr.. Kellogg.
Since the taking OF testimony began
Mr.. kellogg and MIR. Rosenthal have
from time to time engaged in many lit
tie wordy THIS and passages common TO
all lawyers IN the trial OF an important
case.
But II has frequently been commented
upon that never once has the Standards
senior counsel lost his equanimity of
temper or permitted anything TO disturb
his remarkable poise,
This morning, for the first time since
the trial commenced. MIR. Rosenthal lost
his temper and made no attemp, to hide
the fact
Mr.. Kellogg Complained.
Mr.. Kellogg had complained for the
hfth time that the STANDARD Oil had
picked 1895 as the basis year for its
tables. 1875 having been a year Of cx-
ceedingly low prices.
We have picked that year beca $50
the Government tables showing the in
creases in oil prices invariably start
from that year" replied Mr.. Rosenthal,
very calmly. once or twice. Then The
nervous Government attorney turned
and said in response:
They do not. That is not true"
Instantly Mr.. Rosenthal's face flushed
and still speaking very slowly as is his
wont he retor;ed
II repeat that that year is the year
upon which most Of the tables of the
Government are based. as evidenced by
over 80 exhibits OF the Government
filed in this case. And, Mr.. kellogg"
added the Standards lawyer, straight
ening himself up and cappng his
hands sharply, when YOU make the OBJ
lection that II is not true. you get tn.
reply back that that which you say Is
false"
The Governments lawyer, usually
pale-faced, turned even still whittier for
a moment and he made half inaudible
reply about Not being here 10 handy
words" and then resumed his exami-
nation of the witness. but 1t was evil
dent that the incident annoyed him.
Prof. JOHNSON on Stand.
Prof. Joseph French Johnson, the en-
incl economist. was recalled TO the
stand this morning. Lawyer Rosenthal
had the professor tell little more
about the economic value of the pur-
chasing power OF money, which amount
cd only to an emphasis of his testimony
yesterday afternoon.
Then Trust Buster" Kellogg took the
witness in hand and asked by way of
commencement II Prof. Johnson thought
the general rise of number OF COM
modities justified the increase in value
or price Of single commodity. The
witness didn't think so.
Then, from the records of tho Stand
ards exhibit, Mr.. kellogg told the wit
ness that in 1895 the Standard OIL man
ufactured 40O0O, 600 of refined OIL with a
net earning of s2i.07S, COZ. or a net profit
manufac tured 81 .oDof oil, with a net
profit of ss3,oOo,o0o, or $3.50 per barrel
Now do you think a general rise of
commodities justified profit of over
100 per cent. In any one comm odity? ?"
asked Mr.. Kellogg.
Tho Meaning Of Justified"
For time the professor and Mr.. Kel-
logs fenced over the sIgnificanec or
meaning OF the word Justified"
Economists have had a hard time
determining what a reasonable profit'
Is. replied Prof. Johnson.
to say that he thought the Standar I'd s
alleged profit of over 100 per cent. with
out the bounds of reason