Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-04-10
ATTORNEYSFOR
STANDARD OIL
END ARGUMENT
DISSOLUTION SUIT RAPIDLY
\ APPROACHES CLOSE
COUNSEL FOR ROCKEFELLER DE-
MES HE is cuLPABLE
Lawyers Contest Points Brought Out
by Prosecution-kellogg Will
Sum Up His Case
Today
tBy Associated Press.l

NT. LOUIS, April 9.-The Standard
~ Oil lawyers completed their ar
~ guments today in the govern
ment's suit to dissolve the corporation
as a violator of the Sherman law.
Attorney Kellogg will sum up for
the government tomorrow and the
court then will take the case under
advisement. In view of the great mass
of evidence and arguments to consider
it is not expected that decision will
be handed down before fall.
David 2. Watson concluded his ar
gument on the law from the viewpoint
of the defense early. TO great degree
Mr.. Watson repeated MS arguments t,l ol
yesterday afternoon, dwelling with
more particularly upon the details OF
the law as he insisted 1t should be
construed by the court.
Mr. Watson emphasized strongly his
first legal proposition that 1t mattered
not what the defendants might have
done in former days-the only ques-
tion for the court was whether the
Standard was engaged In restraining
commerce and engaging in unfair COM
petition on November is, 1906, when
the bill of complaint was filed against
them.
Denies Their Guilt
M. Watson also took issue with
Prosecutor Kellogg that the men form
ing tno 0IdIludTu were lletpiC diiu Suhey
as alleged, under the federal common
law.
There is not today and never was
a crime possible under the federal
common law" declared Mr.. Watson.
Nor is there in all this great mass
of testimony a single instance of evil
dence to prove that the defendants
were guilty of a violation of any pro-
visions of the Sherman act on Novem-
Der Is, 1906, and that l contend is the
only proposition before this honorable
court for review"
Moritz Rosenthal, who has recov>
cred from his temporary indisposition,
took up the argument of the defense,
following Lawyer Watson. Many ex-
pected that the lawyer from Chicago
who secured the reversal of the gov
ernnsen. s $29, 100000 case would dis
cuss like Mr.. Watson, the law in the
case Mr. Rosenthal declared he would
discuss only facts.
TITS facts, facts" said he, that win
lawsuits" The proportion of the evil
dence to which the Chicagoan will con-
fine himself will be a resume of the
alleged railway rate discrimination
n subjec. with which he probably Is as
familiar as any attorney in the coun-
try.
DiscIaims Partially
1t was contention of Mr.. Rosenthal
that the Standard never enjoyed any
special favors in the matter of railway
rates from Whiting, Ind, where the
Standards great refinery Is located,
than any other shipper could not have
secured for the mere asking.
Attorney Kellogg for the prosecution
included in his side of the case several
hundred thousand words taken from
the record of the Chicago case which
he hoped would assist in supporting
his contention of rate determinations.
The reversal of that case leaves this
evidence of no especial moment, not
withstanding it is to this phase of the
governments claims that Mr.. Rosen-
thai will devote the greater part of
his time.
Mr.. Watson insisted that the evil
dence showed only that the defendants
had enlarged through better business
methods, but that of restraint of trade
there was not scintillation of proof.
Mr.. Rosenthal then began his argu-
ment, taking up first the alleged rail-
way Determinations in favor OF the
Standard Oil.
'I maintain that in ~all this great
record there is no proof that these de-
PENDANTS ever received discriminatory
railway rates-secret or otherwise
over their competitors"
Discusses Freight Rates
Mr. Rosenthal declared that the So
called concessions" when reduced to
the last analysis, did not show that
the Standard had received discrimina-
tory freight rates from the railways.
"Our corporation has not grown be-
cause of rate determinations" he said,
"but because of the merit of it's pro-
ducts"
Discussing competition, the attorney
said that fifty-one witnesses called by
the government to testify to unfair tao
tics were either discharged employees
of the Standard Oil company, or COM
petitors.
He said:
"Ninety-five per cent of the govern
ment's evidence was incompetent and
IL judged by the A B C's of the rules
of evidence would be thrown out"
Testimony of unfair competition af-
fecting only thirty-sexen towns had
been introduced. he said, while the
company serves $1,000 towns.
John j. Johnson of Philadelphia then
began the concluding argument for the
defense, discussing the law and the
facts It is understood Mr.. Kellogg
will have tomorrow in which to close
the governments case.
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