Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-25

ST. PAUL, MIMI, November 2J-After
A pursuit of three years and five days,
after taking evidence amounting to 10000
printed pages and after verbal argu-
ment occupying two whole days, Franz
B. Kellogg of ST. Paul will have a respite
from the warfare of the government
against the Standard Oil Company, but
viii probably be forced to again take up
the battle at later date, joining issues
bore the United States Supreme Court
with the ablest counsel in the United
States in the final decisive struggle against
Ia trust.
Mr.. Kellogg has followed the case from
Its inception as chief counsel for the gov
eminent, travelling thousands of miles in
his searches for evidence and in attend
ing the hearings which have been held
from coast to coast. The burden of the
battle has fallen upon him, and the great
victory in the Sanborn decision, just
handed down by the circuit court of ap-
peals in ST. Paul, leaves him, probably.
the best Informed man in the United
States, excepting John d. Archbold and
John D. Rockefeller as 70 what the
Standard Oil is, how it operates and what
its true business history amounts to.
Cost of Suit Enormous.
The cost of the suit is in excess of
$1,OO0,O0O. The victory in the circuit
court of appeals is authoritatively stated
to have the following present effect. al
though it will in all probability be sub
jected to the scrutiny of the United
States Supreme Court:
The Oil trust is brought face to face
with an Injunction clause only once be-
fore embodied in the decisions of the
United States courts, prohibiting il from
no Staf
until the illegal combination is dissolved.
Whether the United States Supreme
Court sustains the decree is not held to
seriously affect the present difficulties
that this injunction has been filed An
injunction is also directed against the
trusts opportunity of maintaining equiv
alent control of subsidiary corpora tons
by other than present means, and the re-
latlonS between the trust and its men,
bers are clearly and definitely severed. If
the Supreme Court holds with the court
of appeals, the trust must turn back to
subsidiary concerns their properties, re-
ceivng the purchase price paid for them
in return. Where the entire stock has
been purchased, the stock must be re-
turned. The language OF the decree is
unusually explicit with reference to sub
terfugeS by means of which the trust
might retain its hold after the liquidation
of it's properties, and is considered a suf
ficient safeguard against such posi-
biity. The intent is to compel all SUD-
sidary corporations and concerns in the
trust to reassume their Independent and
competitive relation.
Kellog's Marvellous Energy.
Mr.. kellogg as chief counsel for the
government has made the battle against
Standard Oil his whole work in life dur
ing the entire three years. Endowed with
a marvellous capacity for work he has at
times labored practically night and day
on the case, carrying secretaries and
bales of documents with him on his trips
to save time and even reducing his rou-
tine to such a point as to continue his
study in his auto to and from his Office.
His one recreation has been thirty min
utes of golf, by the watch, or thirty min
utes on horseback when the strain has
begun to tell Night after night he has
worked through the small hours while
his neighbors slept, with an interchangeable
energy which shows its result in the gov
ernment's victory. His enormous capac-
ity for work and his marvellous system
for economZing time, together with his
executive capacity shown in the selection
of his assistants and orsaniZat ton of
their duties, is held by attorneys familiar
with the struggle to be the element which
won the victory.
Charles 3. Morrison, Mr.. kelloggs as
sociate, has also won high praise for his
energetic labors.