The Barre daily times. (Barre, Vt.) 1897-1959, 1909-04-06
ASKS DEATH TO
OIL TRUST
Government Files Brief in
Missouri Suit
ALLEGES A MONOPOLY
Declares the Price Increased for the
Consumer 100000 Profits in
az Years, 50 It Is
Asserted.
ALLEGES A MONOPOLY

st. Louis, Mo-, April Especial as
sistaut to the United States Attorney
General Frank b. Kellogg filed his brief
Of 1900 printed pages with the clerk
Of the United States circuit court Of this
city yesterday and began his argument,
after two years Of evidence taking, in
the governments suit to dissolve the ii.
gantic Standard oil corporation Of New
Jersey, for alleged violations Of the sher-
man act.
The argument was heard BY the full
circuit court bench, Judges sanborn,
Vandeyanter. Hook and Adams With
Mr.. Kellogg for the government was As
sistant Attorney General c. B. Morrison
Of Chicago, who win argue certain phases
Of the governments case. The defense
had half a score OF lawyers, including is
principal attorneys. Messrs. Aiilburn Of
New York, Rosenthal Of Chicago, John
son Of Philadelphia and Watson Of Pitts
burg.
With but little BY way d preliminary,
Mr., Kellogg plunged into bis subject.
He commenced with review OF the
evidence taken by the government before
discussing the law applicable to his case.
He told Of the combination effected by
John d. Rockefeller. william Rockefeller
and Henry NJ. Flagler in 1879 conceived
he declared, to effect monopoly Of the
petroleum trade, both domestic and ex.
port. Il was at that moment, according
to the federal lawyer, that the alleged
Illegal conspiracy to monopolize the oil
trade Of the country was conceived.
Later, said Mr.. Kellogg, Henry H
Rogers, John D. Archbold Oliver III.
Payne and Charles N. Pratt were taken
into the conspiracy by the other de.
PENDANTS.
The special attorney general divided
the alleged conspiracy into three periods
1.-The FIRST from 1870 to 1882 when it
was, he said, a simple combination, act
ing in harmony with its stock interest,
pooled IN the hands Of three trustees.
From 1882 to 1889, continued Mr. KeI-
logg, the defendants interests were in
the form Of a trust controlled BY nine
trustees. This trust. declared illegal BY
the Ohio courts. was liquidated and from
1900 to the present time, said Mr.. KEEL
logg, concluding that portion 81 Ills mar.
rative, has taken the form d a holding
corporation. the Standard oil company
Of New Jersey, controlling subsidiary
corporations in alleged restraint OF trade
or otherwise.
Mr. Kellogg then retraeted his steps
and went into the history OF the first
period, from 1870 to 1882, with great
detail
Mr.. Kellogg charged that in the for
nation Of the original Standard Oil com
pany Of Ohio. men controlling the prin-
cipal railways Of the country, necessary
10 the conduct Of its business, were TAX
EN- ia Al stockholders Through this, he
claimed, rebates averaging 90 per cent
were secured and all 0f The then indie
pendent reiiners were forced into the
so-called STANDARD Oil trust" He
charged that through this advantage the
defendants had exercised control of the
situation from that time to the pres
ent
Mr.. Kellogg then explained in detail
the formation Of the so-called Standard
Oil trust" Of Ohio, through The acqui
sition Of 30 other oil concerns Control
in these circumstances was purchased BIZ
means Of an exchange Of STANDARD Oil
stock, he said It was Incidental TO
the acquisition Of the Brooklyn firm
Of Pratt & company, Mr.. kellogg said,
that II. II Rogers came into the Stan
dardn
This original trust agreement was
never made public III the many Stan.
dard on Investigations throughout this
country nnutil the exigencies OF this
ease forced Mr.. Rockefeller to produce
it ii justification of that agreement, said
Mr. Kellogg with emphasis
After charging that the Standard OH
received rebates not only on all Of its |
own oil. but upon all that shipped by
the dissolution Of the original trust
by order of the courts OF Ohio and its !
subsequent liquidation by trustees.
Never had the government been able
to ascertain the exact number OF the
trustees certificates nor
who owned them, continued Mr. Kellogg. /
That the Ohio trust was never dissolved |
in good faith was another Of the federal
lawyers charges. Following the alleg
ca liquidation, the Standard oil Com
pany Of New Jersey was formed to do
as corporation what the trust could /
not do,
The formation Of the Corsicana, Tex,
Refining company and the method by
which the Manhattan Oil company. I
owning a pipe line in Ohio, was purchased I
through an alleged dummy English com
pany, was next described. Mr.. Kellogg
said that te real consideration Of the /
latter company's purchase was q con-
tract to supply the Chicago gas plant Of \
Anthony N Brady and Il. G Benedict d
New York with gasoline for 10 years at 1
half the market price That contract,
stated the speaker. was worth 81 800, /
200.