Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-06
HE TRIES TO HURRY CASE
Government Will Close Today, But
Defense to Take Its Time.
ARGUMENT FOR PROSECUTION
Congress Defied by Trust-Anticipa
ton of Opposing Denial-Compe-
tition Fair Now, Because
It Must Be. '

81. LOUIS. April 6.-Government AttoP-
ney Kellogg this morning. before resum-
ing his argument in the governments
case to dissolve the Standard Oil Com
pany or New Jersey. stated with great
positiveness that he would complete his
preliminary address by noon, and that
his associate. c. B. Morrison OF Chicago.
would therefore complete the govern
ments opening today.
He asked only five hours, he added. to
close his side OF the case. He thought,
therefore. that the intervening three days
before Saturday would be sufsicient for
the defense. and the arguments could he
concluded by Saturday evening
Lawyers Milburn. Rosenthal. johnson
and Watson merely smiled when asked n
their arguments could be completed In
that time.
Il guess We will make arrangements to
be here few days next week." said Law
yer John G. MiIburn when asked about
the case closing Saturday.
At 10 o'clock Attorney Kellogg resumed
MS discussion OF the law points applica-
Die. according to his contention. to a
proper Interpretation of the Sherman act
Mr.. Kellogg's Argument.
The crux Of his argument was that the
original companies involved in the trust
agreement of 1879 and 1882 were at that
time competitive and illegal under the
then existing common law. The trust
was therefore void. The same conspiracy
to monopolize and restrain commerce had
existed continuously until the present
day, bringing the defendants well within
the purview OF the existing Sherman law.
he insisted
Discussing the governments allegations
n a 1rr@u -ss~.sv
OF the defendant and its continued use of
rates not filed with the interstate con-
merce commission. Mr.. Kellogg said:
The testimony plainly shows that
| used by the Standard Oil in the trans
portation Of petroleum were in clear vio-
iatlon or the Sherman act. as well AZ dis
criminatory against its competitors
The attorney also charged that the de-
| PENDANTS had used intra-state rates.
neither filed nor published as interstate
| rates, in plain violation of the old inter-
state commerce act. In supporting this
position the governments attorney
quoted at length from the interstate
commerce act and the later Hepburn law
Continuing. Mr.. Kellogg touched upon
| the alleged abuse of rates between what
ing the shipments were clearly interstate
| and the tariffs should have been filed.
Defiance Of Congress.
THE Standard pipe lines have refused
| to comply with the laws or Congress re-
curing them to act as common carriers
and file tariffs with the interstate COM
merce commission was another declara-
ton OF the attorney.
AS final proposition of law Mr.. keI-
logg stated: 49,
If the court finds this combination to
be in restraint of trade and monopoly.
| it has not only the power TO enjoin the
defendants. but possesses as well the
plenary power to enforce the terms OF the
provisions of the Sherman law"
Many decisions were cited supporting
this contention.
Mr.. Kellogg. picking up the thread OF
his legal analysis OF yesterday, entered
today into a technical discussion OF mo-
nopoiy in general. and the Standard In
particular. as defined by the Sherman
act and attendant decisions.
The large monopolies threaten the
commercial independence OF the country"
he said. by way Of commencement.
Judge Hook interrupted to ask the fed
eral lawyer If one person. without a cor
poration. could offend under section
of the Sherman law. Mr.. Kellogg replied
in the Affirmative. and said an Individual
could. IF we can stretch human imsgi-
nation far enough to conceive an indi-
vidual accomplishing the monopoly
Anticipates the Defense.
Anticipating the argument OF the de-
torneys would not deny that the original
trust agreement was void under the Sher-
man act as we'll as under common law.
1.-The company will claim. probably"
said the attorney, that it is no longer
receiving discriminatory rates, that it has
ceased to employ secret and predatory
companies. and that 1t no longer engages
in unfair competition. Why? Because
lit had to.''
Mr. Kellogg next took up the courts
power to enjoin and restrain the de-
PENDANTS.
This court has the power was Mr..
Kellogg's emphatic declaration, Ito pro-
hibit the commerce of these defendants
continue to give offense."
Mr.. Kellogg completed his opening argu-
ment just before noon. Former United
States District Attorney c. B. Morrison
of Chicago took up the thread OF the gov
ernment's charges. dwelling especially on
the alleged unfair competition.