The Washington herald., 1909-02-07

Douglas Campbell, Of New York. and
Chauncey Martin. OF Chicago
For the government Frank g. Kellogg,
Of St Paul: Charles 3. Morrison, J. Har-
wood Graves, David P. Dwyer. and z.
Dana DUrand, deputy commissioner In
the Bureau OF Corporations. have ap-
peared.
Say IL Has Legal Existence
Besides the obvious defense offered By
the defendants that the Standard OIL
Company OF New Jersey is not a monopo-
ly operating In restraint Of trade. the
lawyers for the defense have set up the
contention that the Standard Oil Com
pany, IN combining under the trust agree
ment Of 1SS2, merely assembled under one
head various companies which they either
owned directly or advanced the money 70
build and operate The action was
brought under the Sherman antitrust act
which was passed July 2, $3.50. In case
the Standard loses its suit IN the highest
courts, the nice legal point VIII be raised
as to whether 20 is constitutional 10 dis
solve a combination which was organized
some time befOre>the passage Of the law
under which the verdict against the COM
pauy was obtained
Although the Supreme Court has de-
cided many cases such as the Tobacco
case, the New Haven railroad case, Sc.
on the grounds Of a combination IN re-
straint Of trade. It IS worth nothing
that no decision has ever been handed
down by the highest court based squa-ely
upon the grounds Of a monopoly. and II
IS likely that the present case viii see
the question Of what constitutes q mon
oPoly at last decided In legal circles
the principle that mere size does rot con-
stitute monopoly seems 20 De pretty gen
orally accepted. and that IN prosecuting
or the ground of alleged monopoly Il Is
incumbent on the plaintiff 10 show that
the defendants have not only acquired
practical control Of the field but are oper-
ating by unfair methods to the dfsad-
vantage OF rivals
Brings Case 10 Appellate Court.
Under q recent law passed by Congress,
the Attorney General. on application. may
have a case heard BY four judges of a
Circuit Court. instead OF one Judge as Is
This practically brings the
present case into the Circuit Court Of Ap-
peals on its initial trial and greatly ex-
pedites matters. 6y doing away with the
first court. The constitutiOnalitv OF this
law Is being tested az the present tine IN
the New Haven suit The four Judges
Of the Circuit Court Of Missouri who win
hear the Standard oil Case are Walter
II. Sanborn, Willis Van Devaute-, VII
Ham @ Hook. and Elmer 3. Adams No
matter what the decision may be II IS a
fOregOne conclusion that the case VIII
be appealed 10 the Supreme Court on q
writ OF errors and bin OF exceptions It
IS expected that the case viii come be
fore the Missouri court AZ about the last
OF March, and decision before fau
would be remarkably quick work
At the present time the Supreme Court
IS more than two years behind its docket
but IN view OF the importance OF the
Standard OIL case Il IS extremely probable
that IL viii De advanced 10 the earliest
possible date for hearing
The expense for conducting the case
for both parties. according 10 the esti-
mate made by g Standard OF attorney.
VIII IN the end run close 70 siG00la.
This includes attorneys fees. witnesses
fees. the labor required 70 prepare evi-
dence and exhibits. the cost Of the record.
expert testimony. &c. and IS considered
q conservative estimate.
The suit 70 dissolve the Standard OIL
Company s the seve-est test vet on
piled 10 the Sherman antitrust act and
the decision of the Supreme Court viii de-
fine the rights and limitations Of corpOr-
ate industries more cleverlv than they
have ever been defined heretofore.