New-York tribune., 1909-04-07
DEFENDS STANDARD OIL
JOHN G.. MILBURN SPEAKS.
Kellogg and Morrison Close ArgU-
ments for Government,

St Louis April 6-John G. Milburn, Of New
York, the Standard Oil Company's chief counsel OF
record, late to-day began the presentation OIL tle
defendants side of the in the government $
suit to dissolve the Standard OIL Company OF New
Jersey for alleged violations of the sherman act
before the United States Circuit Court Although
Mr.. Milburn spoke only forty minutes ne 1ouno
time 10 tell much the early history of the stand
ard Oil corporation from the point of view Of the
defence. The principal points made by him were
that the corporation had done much for American
industries and commerce. and that the oil busl-
ness of the early days was of a nondescrlpt type
Wherever he said. ''the foot of civilized man
trod, wherever the hoof of the camel has
made its imprint upon the sands of the desert. or
wherever an artificial light is burned. and wherever
flies the flag of any nation. there will be found the
product of Standard Oil the product of America
and Americans
Frank b kellogg closed his address for the
government shortly after noon. and then c. B.
Morrison, his chief assistant, finished the opening
argument, attacking the Standard Oil Company
for its alleged gathering of reports showing
the business of competitors, and charging 1t with
maintaining a secret spy system Among other
companies mentioned having been spied upon
Hisgen Brothers. of Albany, the senior mem
Der of which, Thomas Hisgen, the lndepend-
ence League candidate for President.
If these monopoles permitted to exist un-
checked" declared Mr.. Kellogg. your children
and mine will be mere employees of corpora tions.
and all further initiative of enterprise will cease
The defence probably will declare that It cannot
checked because of existing conditions and its
prominence in the economies of the country. but
history has shown that, when unchecked by court
or legislation, monopolies have been stopped by
revolution"
He made extended argument on his under
standing of monopolies defined by the Sherman
act and reiterated his point that in its very con-
ception the Standard had been rocked in cradle
of conspiracy and grew up lusty infant of monop-
oily and in restraint OF trade"
Speaking of the power of the court to check the
alleged abuses. Mr.. Kellogg declared that the de-
fendant surely come supplcatingly to the
very door of that tribunal asking permission to con-
tinue its business after showing that its improper
practices had truly ceased
Judge Hook asked If person without cor
poration could offend under Section Of the Sher-
man law Mr. Kellogg replied in the affirmative
and said an individual could If we can stretch
human ina gination far enough to conceive an in
divdual accomplishing the monopoly.
The company will claim probably he said.
that it longer receiving discriminatory rates,
that II has ceased to employ secret and predatory
companies and that it no longer engages In unfair
competition. Why? Because It had TO.
This court has the power" was Mr.. Kellogg
emphatic declaration, Ito prohibit the commerce OF
these defendants between states as long the de-
PENDANTS continue give offence"
He offered to submit for the courts approval a
form Of order whereby the accused company might
be fully enjoined from further violations of law.