The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1909-04-08
GOVERNMENT OPENS
ATTACK UPON GREAT
STANDARD OIL TRUST
Action Regarded as Even More
Important Than Northern
Securities Suit.

morning special assistant to the
United States attorney general, Frank
b. Kellogg. filed his brief of 1,400 print
ed pages with the clerk of the United
states circuit court of this city, and q
few moments later commenced his ar
gument, after two years of evidence
taking, In the governments suit to dis
solve the gigantic Standard Oil corpo-
ration. OF New Jersey, for alleged vio-
lations Of the Sherman act.
The argument was heard by the full
circuit court bench. Judges Sanborn,
Van D~evanter, Hook and Adams. With
Mr.. Kellogg for the government was
Assistant Attorney General c.. b. Nor
rison, of Chicago, who will argue cer-
tain phases OF the governments case.
The defense had half a score of coun-
sci present. including It's principal at
torneys, Messrs. Millburn of New York,
Rosenthal of Chicago, Johnson of Phil
adeiphia and Watson OF Pittsburg. The
Importance Of the case to lawyers and
laymen alike resulted in "a crowded
cour when the arguments COM
menced. 80 a.. IT,. ~
Kellogg Reviews Case.
With but little by way of prelimin-
aries or generalities, Mr.. Kellogg
plunged into his subject. He COM
menced with a rather full review Of the
evidence taken by the government be-
fore discussing the law applicable to
his case. He told of the combination
effected by John d. Rockefeller, will
am Rockefeller n Henry M. Flagler
in 1879, conceived, he declared, to eff
feet a monopoly Of the petroleum trade,
both domestic and export. 1t was at
that moment, according to the federal
lawyer, that the alleged Illegal con-
spiracy to ~monopolize the Oil trade of
the. country was conceived. Later, said
MIR. Kellogg. Henry Rogers, John d.
Archbold, oliver III. Payne and Charles
M. Pratt were taken into the conspira-
cy by the other defendants.
-.. Forced Into Trust.
Mr.. Kellogg charged that in the
formation OF the original Standard OIL
Company Of Ohio, men controlling the
principal railways of the country, nee
essary to the conduct of the oil bust
ness, were taken in as stockholders.
Through this rebates averaging 80
per cent were secured and all of the
then independent refiners forced into
the Standard Oil trust" Through
this advantage the defendants exer-
cised the control they had secured and
had continued to do so to the pres
ent day. Incidental to the acquisition
OF the Brooklyn firm of Pratt & Co, H.
H.. Rogers came into tho Standard,
stated the federal lawyer.
This original trust agreement was
never made public in the many Stand
ard OIL Investigations throughout the
country. until the exigencies of this
case forced Mr.. Rockefeller to produce
It in justification of hat action" said
Mr., Kellogg, with marked emphasis.
Ohio Trust Not Dissolved.
After charging that the Standard re-
ceived rebates not only on all of its
own oil, but on all that is shipped by
the independents, Mr.. Kellogg told Of
the dissolution of the original trust by
order of the courts of Ohio and it's
subsequent liquidation by trustees.
The Ohio trust was never dissolved in
good faith. he said. Following this al
legged liquidation, continued the speak
er, THE Standard Oil company, of New
Jersey, was formed to do as a corpo-
ration what the trust could not do.
Judge Adams interrupted to inquire
more closely into the method employed
in the exchange OF Standard OIL Of
New Jersey stock for trustees certifi-
Gates, which Mr.. Kellogg narrated in
detail.
The formation of the Corsicana
(Texas) Refining company and the in
tan Oil company, owning a pipe line
in Ohio, was purchased through an al
legged dummy English company, was
next described. Mr.. Kellogg said that
the real consideration of the latter
company's purchase was a contract to
supply the. Chicago. gas plant Of An
thony N. Brady and e. G.. Benedict. Of
New York, with gasoline for 10 years
at half the market price. That con-
tract, stated the speaker, was worth
$1,000, 900.