The Washington times., 1909-04-05
FINAL CHAPTER BEGUN
IN WAR ON OIL OCTOPUS
Final Hearing Is on Before United States Circuit Court
In St. Louis--Counsel Will Argue Over
Mass of Evidence Collected.

the business OF the Standard ana us
subsidiary companies.
The petition was originally directed
against the Standard Oil Company of
New Jersey. John d. Rockefeller, VIII
liam Rockefeller, Henry H Rogers.
Henry NJ. Flagler. John d. Archbold'
oliver II. Payne, Charles NJ. Pratt,
Acme Oil Company. American Lubri-
eating OIL Company. Anglo-American
OIL Company Qimited), Argand Re-
fning Company, Atlantic Refining COM
pan, Baltimore United Oil Com
pany, Norne, ScrYmser Company,
Buckeye Pipe Line Company, BuIiaIo
Natural Gas and Fuel Company. Bush
& Denslow Manufacturing Company
Commercial Natural Gas Company,
Connecting Gas Company, continental
OH Company. Henry c Folger' 1r.,
and Calvin y. Payne a copartnership
doing business under the firm name
and style of Corsicana Refining Com
pany, Crescent Pipe Line Company,
Eastern Ohio oil snd Gas Company,
Eclipse LubricatinE Oil Company,
Eureka Pipe Line Company, F1orence
Oil and Refining Company, FRANKLIN
nal OIL Company, Indiana Pipe Line
Company, Lawrence Natural Gas
Company. Mahoning Gas Fuel Com
pany, Manhattan Oil Comp9nS, Ma
tional Transit Company, New York
Transit Company. Northern Pipe Line
Company. Northwestern Ohio Natural
City Fuel Supply Company, Oswego
Manufacturing Company, Pennsylvania
| Gas Company, PENNSYLVANIA OIL Com
pany Peoples Natural Gas Company,
| Pittsburg Natural Gas Company, Platt
q Washburn Refining Company, Prairie
Oil and Gas Compan, Republic OIL Com
psny, Salamanca Gas Company, Secur-
ity Oil Company, Solar Refining Com
pany. Southern Pipe Line Company,
South Penn OIL Company, Southwest
Pennsylvania Pipe Lines Company, stan
dard Oil Company of California. Stan
dard Oil Company of Indiana, Standard
| Oil Company of Iowa, Standard Oil
Company of Kansas. Standard oil Com
pany Of Kentucky, Standard Oil Com
lpany OF Nebraska, Standard Oil Company
of New York, Standard Oil Company Of
Ohio, Standard OIL Company of Min
nesota, Swan & Finch Company, Tay-
lorsIown Natural Gas Company. tide
Water Oil Company, Tidewater Pipe
Company QAmitedl, Union Tank Line
Company, United Natural Gas Com
pany. United Oil Company, Vacuum Oil
Company, Washington OIL Company,
Waters Pierce Oil Company.
The prosecution begun as the climax
Of Roosevelt's trust-busting plans has
been under the direction Of three At
torneys General. Moody saw the case
instituted. Charles J. I3onaparte has di-
taking the evidence. George W. Wicker
sham has put mis- o. X. on the final
argument as outlined by kellogg and
|. his assistants.
The original complaint was signed by
David p. Dyer. United States District
Attorney Milton B. Purdy. since appoint
ed Federal judge, was connected with
the case. District Attorney BIodgett
will be the Governments representative
during the closing d%ys Of the case.
Standards Claim.
Moritz RosenthaI and other attorneys
81 OF
eve OF their final battle for the life of
the big corporation. today issued
statement of the case.
The theory of the defense is that the
Sherman antitrust law does not apply
10 the Standard Oil Company. for two
reasons:
1t was enacted after the organize
ton of the sixty-nine companies COM
Uprising the present corporation. The
fact that articles Of incorporation were
procured later for the same companies
does not bring the natter within the
purpose Of the law.
The ownership of several corpora
tions by the same persons constitutes
single ownership. and is not within
the jurisdiction of the act.
The Government seems TO enjOin the
minor organizations from paying divi-
bends TO the major company on The
theory that the uniting Of the several
corporations constitutes q conspiracy in
restraint Of trade, ana that a monopoly
has been created and maintained by the
company, the Government will sc con-
fronted with two difficulties which seem
insurmountabIs:
Two Difficulties
Applying a retroactive law to an en-
tecedent act and proving mat a cor
poration which lacks much OF having
complete control is a monopoly. Which
ever way the case is decided. II will be
appealed. The issues are the most il.-
portant that have been before any court
in the United States for years. The
Northern Securities Company. which
the Government claims Is analogous, is
unlike the one under consideration. In
that case, the Government sought to
enjoin an eHecutory act. In this, il
| seeks to annul a precedent act executed
before the law that is invoked came into
existence.
The case is Of the utmost impor-
lance because IL will determine whether
the Government may break up big
corporations at Will and resolve them
into their original minor constituent
companies. or whether the large in
terests Of the country shall be pTiVi-
legged to maintain for the purpose Of
greater economy and better production
and distribution.
If their contention is favored the
Standard oil Company viii be broken
1 up into smaller companies. The fact
! that the same crowd owns the several
| companies viii make them put their
! dividends into sis<ty-nine pockets in
| stead Of one.