Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-08
Lawyer Mlburn Makes
Plea For STANDARD,
SAYS Trust Did Not Coerce
The Independent RetneEIes.
EXPLAINS Methods and Tries 10
Justify company's Existence.

st. Louis, April 7.-"Miss Ida Tar
bell is entitled to patent on the al
legged Standard Oil conspiracy OF 1852
declared Lawyer John e. Milburn, the
Standard Oil Co.'S. chief of counsel, TO-
day during his argument before the
four judges of the United States CIR
cult court sitting in the governments
case to dissolve the old corporation as
violator of the Sherman act. And,
he added. turning toward Federal AT
torney Frank 3. Kellogg, 1.-The govern
ment here is trying to deprive her OF
it,"
Instead of being menace to the in
dependent refiners, Mr.. Milburn declar-
cd, the Standard Oil Co. has always
led the way and blazed the trail in the
old world and that the independents
had but to follow as they had always
done Mr. Milburn did not conclude his
argument today and he probably Will
talk until tomorrow noon, when he
will be followed by Moritz Rosenthal
Mr. Milburn told Of the care with which
the firm Of Rockefeller Co., even in Its
earliest days, studied the economies OF
the oil business, esta blishing ware
houses and lighterage facilities IN New
York that they might be Independent
of local conditions.
"As early as 1853" said Mr.. Milburn,
the firm made it's own barrels at $50
each instead of paying $3.50 in the mar
ket This care of detail gave the bank
els confidence in them and enabled the
young oil merchants to borrow capt.
tall"
Telling them of the fight made
against Cleveland as refining center
by the Pennsylvania Railroad in an
endeavor to dominate the oil world, Mr..
Milhurn, pausing dramatically, with up
lifted hands, exclaimed:
INSTEAD of connecting the SO-called
conspiracy about which we have heard
so much, Mr.. Rockefeller and his as
sociateS were at that very moment
fighting for tteir own lives and COM
mcrcial existence"
Mr.. Milburn denied that Mr.. Rookie
Teller was one OF the organizers of the
famous South Improvement Co Of
Pennsylvania. Instead. he said. the
embryo Oil king denounced his plan as
impractical Mr.. Rockefeller and his
associates saw at that time that self
preservation existed only in strength
ening their business. Mr.. Rockefeller
had faith in the oil business; greater
than any other man on earth ever had.
There arc stockholders now in the
Standard Oil who from its earliest days
have never increased their holdings "a
single dollar
MIR. Mllburn. discussing next the al
legged coercion of refiners by the Stand
i,, CT
that a single witness in the case had
even limited of such coercion. He ex-
planned that these companies had been
purchased with the undivided surplus
of the Standard Oil. Not being able
to hold the nership in those con-
Germs in It's corporate capacity, the title
was vested in some one of the 81 stock
holders. Finally. that these interests
might be better united and protected,
the various titles were transferred to
the banking firm of Villas. Keith &
Chester, he said. Smiling, Mr. Milburn
continued:
TN all we have heard of the Stand
ard Oil We have never heard of any
Standard Oil man being not loyal to
his fellow men in the company. Never
has there been the breath of suspicion
against anyone of them. This agree
ment was simply a declarati of trust.
entered into by those 81 stockholders
the better to protect their interests"
Later in order to provide a certainty
in securing crude oil for its refineries,
pipe lines were built or bought in the
same manner. Mr. Milburr explained.
Why" continued he. "ol came so
'ast in Pennsylvania that after 1862
there came a cry for storage space to
save the oil. The Standard came. and
with the expenditure of many millions
saved 36.0o0,000 barrels of OIL other
wise lost to the producer.
Ihe.state of Texas has lost $50. 600
poo through lack of storage capacity
because no one came there with money
and tanks" declared Mr.. Milburn yc-
hcrlently.
Judges Hool. and Adams asked cues
lions concerning the manner and meth
od OF holding of interest and if the Al
st"ckholders possessed any evidence of
ownership IN the various companies.
None. your nonor." was the reply.
pu' each owned a proportionate share
according to his stockholdings 1t was
Just TO provide such evidence of own
ershlp that this 1879 declaration of
trust was made
Ihese latter interests having been
1naugurated with STANDARD money in
49, the old and new companies came
.ose'ner ana entered into a second the
So-caled trust agreement of 1882.
mere We're no gatherings of indie
perdent refners or interests when tho
agreement Of 1882 was made. placing the
.iue IN the hands Of nine trustees who
managed the properties. Not one con-
cerh was there in this agreement which
was stronger than its fellow nor was
'nere one which had just come. Every
one had long since been a Standard
concern, made and built bv STANDARD
money 1t was no gathering of indie
pendent or competitive interests, but
y. concerns owned. controlled and |
managed by these defendants"
Mr. Miihurn then told of the Standard
on ou!ins and storing millions of raI-
nd