Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-10
Government Files Brief Before
Supreme Court in Action for
Dissolution of Standard Oil
Company,
COMPANY DENOUNCED
AS LAWLESS MONOPOLY
Bribery and Cut Throat Meth
DDS Of Sitting Competition
Alleged Argument Repre-
se0tS Years Work Of Agents

ny Mornlng Journal Special Leneed wireI
Washington. March .. Either the
! sherman act should be repealed or ems
forced in manner Ia make the peo-
pie respect H."
With this declaration OF its guiding
principle the department Of justice
today filed with the federal supreme
court of the United states a thou
sand-page brief in support of its petit
tion that standard or be dissolved
as In violation of the sherman anti
trust law. The brief will be the foun-
dation Of the governments oral argu-
ment at the hearing of the case next
Monday 1t bears the names OF At
torney General Wickersham and OF
Frank .. kellogg Charles T. Morri-
son and Curdonio A. Severance. MS
special assistants
one OF the two volumes Of the
brief is devoted to an analysis of tes-
timony taken in the circuit court Of
the United states for the eastern dis
lrict Of Missouri which dccrced "thut
standard on be dissolved"
II represents years OF governmental
Investigation of the oil business. The
government declares this testimony
shows that rebates aud discrimna-
ara oil combination. not only during
its formative period, but in the lnst
ten years whereby the standard was
enabled 20 bring large part Of tho
concerns into the combination ANA to
crush out ana eliminate from the field
of competition the principal part of
the balance
that It shows "a system Of lowering
the rates where competitors are do
ing business below the cost Of the
product While holding up. or raising
the prices IN other parts of he coun-
try until the competitor is either
eliminated or his business brought
within compass SO that tn stand
ard oil company can control il. Of
obtaining secret Information as 10
competitive business, largely through
biibing railway employees ANA using
that information TO procure counter
manding OF orders of Independents
and to facilitate their system Of price
cutting and oppression OF the use
of so-called bogus Independent COM
panies whose operations are preda-
tory ana oppressive, principally used
to drive out competition; ana various
other means"
I'VE do not wish to be understood
ms diseOuraRing enterprise. SAYS the
government "or as taking a position
against legitimate competition, but If
the sherman act means anything in
this country II means monopoly
acquired by by such methods OF COM
petition as this. Unless ii Is enforced
the small corporation or Individual
who wishes to engage In business VIII
have absolutely no opportunity at all.
In many districts the Standard oil
company has an absolute monopoly,
we mean by absolute monopoly mat
In those districts II does an Of the
business ana has eliminated every
competitor Practically This is the
case throughout the Rocky mountain
country and most Of the Pacific coast
states. The percentage Of indepcn
dent business throughout the entire
southern states is very small"
In the second volume IL n so-called
summary of facts ana a brief of the
law
Here, too. repeated statements arc
made as to the attitude of the gov
ernment toward organized business
II is argued that IL the intent is clear
to monOpoli2c any part or the COM
morco OF the United states the scheme
is void In whatever form the action
is taken
"Fhe oft-reneatcd argument that /
this construction OF the law prevents |
tho formation of partnerships and Tho |
legitimate consolidation Of business I
enterprises says the government "is /
tnlaeious. for tho reason that such 4
construction has no application where /
an enterprise IS formed with the hon I
est and legitimate intent to pursue
lawful business. not go beyond the
bounds of legitimate combination or
directly or substantially suppress I
competition But Whenever that ae-
quisitiun Is % mere cloak to cover tae
intention of monOpolizng commerce