The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-04-05
ACTION AGAINST
OIL TRUST BEGINS
Potency of Sherman Antitrust Law
Hangs in Balance-Government
Wants Monopoly Dissolved.

ST. LOUIS, Mo. April 5.-Pointins
out graphically the shocking abuses
which II alleges have been proved by
the testimony, the final brief for the
government in the dissolution suit
against the Standard Oil Co. was fled
today in the United States circuit
court here. Although IL bears the
names OF Attorney-General Wicker
sham. Charles b. Morrison and c. A.
Severance, In addition TO those of
Frank b. Kellogg and J. II. Graves.
the document Is almost entirely the
work OF Kellogg and his assistant,
/ Graves, who, for the past several
years. have been working untiringiy
in building up case so strong that
the department OF justice feels !. can
not but result in the triumphant vic
tory for the government. Oral argu-
ments in the case begin today.
That the potency OF the Sherman
antitrust last law hangs In the bal
ance ia clearly made manifest for. In
summing up the facts in the danger
Gus monopoly. which II is alleged the
Standard maintains, the governments
brief says
There Is no question that II this
court holds the Standard OIL Co. TO be
legal organization and not guilty
Of monopoly-in other words. gives IL
carte blanche TO pursue It's own meth
ods-it can eliminate every competi-
tor inside OF two years. We do NOT
wish 10 be understood as discouraging
enterprise. or taking a position against
legitimate competition. but IL the Sher-
man act means anything In this coun-
try, 1t means a monopoly acquired by
such methods OF competition as prac-
ticed by this concern. Unless ii is en-
forced. the small corporation or indi-
vidual who wishes TO engage in bust
ness will have absolutely no oppor'
tunity at all.
The government even hints ct con
fscation OF the Standards products II
the court is unable 70 grant the RELIEF
demanded II declares that IL has
hesitated 10 invoke this drastic rem
edy. and doubts whether any other OF
the remedies suggested by the law
are adequate 10 stop the encroach'
ments OF such combinations AND
trusts.
Other remedies have been tried
and have failed" IL says. Either the
Sherman act should be repealed, or
II should be enforced in a manner TO
make the people respect it,
This testimony" continues the
brief. lis valuable as showing the In
tention Of the Standard OIL Co. 70
monopolize the commerce In oil
throughout the United States. In many
districts II has an absolute monopoly.
We mean by absolute monopoly, that
in those districts II does all the bust
ness and has eliminated every com
lpetitor. Practically. this is the case
Throughout the Rocky mountain coun-
try. and most OF the Pacific coast
states. The percentage If indepen'
dent business throughout the south
ern states Is very small. Moreover.
where there Is competition the com
retitors are usually strictly under the
control OF the Standard. in thai they
must, in order TO be allowed TO do
business. sell oil at practically the
price the Standard dictates. and CON
fine themselves TO q small percentage
Of the trade"
Noritz Rosentha and other attor-
news for the Standard Oil GO. issued
statement today OF the case.> u
contains, in substance. the following
recital:
The theory OF the defense Is that
the Sherman antitrust law does not
apply TO the Standard OIL Co. for two
reasons:
ut was enacted after the organiza-
ton OF the SO companies comprising
the present corporation. The fact that
articles OF incorporation were procured
later for the same companies does not
bring the matter within the purpose
OF the law.
THE ownership OF several corpora
lions by the same persons constitutes
a single ownership and Is not within
the Jurisdiction Of the act.
The case Is OF the utmost import
ance because II will determine whether
the government can break up big cor
porations at will and resolve them
back into their original minor con
stituent companies or whether the
larger interests OF the country shall
have the privilege to merge for the
purpose OF greater economy and better
production and distribution.
The case Is an effort to force the
DaopIa hack In an era OF small com.