Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-03
COURT OF APPEALS TO DECIDE
STANDARD OIL CASE
SOON.
MATTER WILL THEN GO
TO HIGHEST TRIBUNAL
Greatest Case Ever Brought Under
Antitrust Law May Be Decided Any
Day-New Member Of Supreme Court
May Cast Deciding vote-Test of the
Sherman Law.
Especial Correspondence

case ever brought under the antitrust
law may be decided any day now, in
the circuit court of appeals, and thence
1t will be started instanter on its way
to the federal supreme court AS the
supreme court has been dividing in
trust-law cases for some time past it
is very possible that the man whom
President Taft will place on the SUI
preme bench in succession to Justice
Peckhan, will cast the vote which will
decide this case.
The case is that involving the life of
the Standard Oil Company. Started two
or three years ago. it was finally sub
mitted during the past summer, on
1t is now in the hands of the appellate
judges of the sixth circuit They have
had it so long that a decision is ex-
pected at any time.
Volumes Of Testimony.
This Is the case in which the gov
eminent was represented by Frank B.
Kellogg as chief counsel. The testi-
money taken makes a long shelf of
printed volumes. The government, all
leging that the Standard Oil Company
is a conspiracy in restraint of COM
merce among the states, demands that
it be dissolved, and that the seventy
odd corporations whose properties it
took over be distributed back to the
original stockholders.
Mr.. Kellogg was in Washington a
few days ago on business, with the de-
partment of justice officials. 1t is
known that he has great confidence in
winning this case Ia the circuit court
of appeals, and that he has expected,
further. to get the court of appeals
Judgment affirmed In the supreme
court of the United States.
1t is not remarkable that, with a
case Of such overweening significance
as this one pending: case on which
there is every reason to expect a pro-
| found opinion and general restate-
ment of the supreme courts views of
the Sherman antitrust law-it is not
strange that there should be prodigious
interests, among people concerned in
this particular litigation, in connection
with the change in the personnel of
the supreme bench. There is no deny
}
tailed consideration is given to these
subjects, the prospects for victory
over the Standard Oil Company has
been marked down since Justice Peck
hams death.
Peekham Against Standard.
Despite that Justice Peckham dis
scented in the Northern Securities case
it has been generally considered by thu
l,o To1i hi
decision in the traffic association cases
and hold that the Standard Oil Com
pany should be dissolved. His remova
from the bench opens the way for I
change that may be determinative
and since the impression has gon
abroad that Circuit Judge Lurton i
to go to the supreme court, confidenc
in final victory for the government
has decidedly waned.
This change of sentiment is baset
on the impression that Judge Lurton'
record of former opinions justifies tn
belief that as a supreme judge h
would generally take the conservativ
side and end to construe the law i
the interest of the great business ag
gregations. 1t is especially pointed OF
that he had a chance to lead the wa
!, to the Northern Securities decision, bu
instead, in the Hartman Keene case
decided the exact opposite, and de
clined to enforce the antitrust la
against railroads. The general tenc
of his decisions for many years lla
been such as to justify the imDressio
that he would follow the decided
) conservative course in all such litigd
ton.
important Gases Pending.
Various extremely important case
are pending, in which the new mem
. Der of the court will have hand Tt
. Union Pacific case itself is one
these. He will be excluded from tt
i, tobacco trust case, in which the ST
pre,ne court arguments have alread
). been made, and which. it is understood
is liable to be decided at almost ar
i, time.
:. The largest interest in the new ar
= pointment, however, pertains to its e1
= feet on the Standard Oil case, whic
. will not get to the supreme court unit
after the new justice shall have bee
named, and in which a f1ve-to-four de
cision has been regarded as very prof.
. able. The government has devote
= immense expense and effort to tn
e case, believing that it was about tt
= strongest that could be presented fl
the maintenance of the Sherman &C
President Roosevelt took the deel
- est interest in the proceedings, ar
Frank b. Kellogg has at various tim,
- expressed in private the most abs
le lutte confidence that he would win it,
N What Will Be Result?
Should the government win, one
y the most difficult financial problem
l.
S. - - - p