Arizona republican., 1910-03-15
MONOPOL|ES
 UNFAMILIAR To Chief Counsel Of Stan-
 dard Oil Company SUPREME COURT HEARING
To Determine Whether the Great Organization Shall
 Live or Die-Mr. Milburn Declares That Its Con
 duct Is Not Monopolistic

Washington. March l4.-The final Tight for the dissolution of the Stand ard Oil company began today before the supreme court of the United states when John C. Milburn of New York spoke for three hours in its defense He will conclude tomorrow Frank E. Kel logg. for the government. win also re- ply tomorrow.
 The hearing of the suit against the Standard Oil company attracted law years and spectators from all sections of the country. Remembers of both houses Of congress for sock their chambers to listen to a review of the decree of the circuit court of the United States for the east ern district of Missouri. dissolving the Standard Oil company of New Jer- sey as conspiracy in violation of the sherman act.
 MilburnS address to the court con- sisted Of a description Of the Standard oil company. He attempted to lay a foundation for the claim that the cor pOratiOns entering into the reorganiZa ton Of the Standard Oil company Of New Jersey in 1899 were non -competi live because for many years they had been under a sO-called common owner ship. He told of the tremendous size of Inc business and explained how it had grown He said large factors in it's growth were the building of pipe lines. which ''anvbody had a right to build the building of refineries and the extension Of marketing facilities throughout this country and the world.
 We compete abroad with great cor porati0ns." he said. that are protect ed and shielded by their governments and are compelled to combine so that they may he powerful. We have been able to meet them because of our strength
 Toward the close of the day he dis ;1sscd the Sherman anti-trust act. He said that inasmuch as the circuit court had held that the mere method of or elniZation was n conspiracy to mo- nopoliZe and had not considered the al legged monopolistic conduct of the com pany. he felt embarrassment about discussing whether the company had violated the law.
 You discuss that in V0ur brief. d" you not?" quericd one of the justices.
 oh. yes. was the reply.
 After discussing the general mean ing of monopoly the attorney reverted 10 the alleged mOnnpolistic conduct of the Standard oil company. Mir. Mil burn said he did not believe the cor p1ratiOn was in restraint of trade in view of its --cnmmon ownership" IL had never restrained the liberties or capital or any one who has entered in to il. nor of any one who was its com . pctitor. he asserted. Instead of being q monopoly it was urged bt Milburn that the amount Of business the Stand ard Oil Company was doing was de crcasing
 Justice Harlan asked Mir Milburn if he would cah an organization of men 10 buy all the coal lands in Pennsyi- Iania a conspiracy in restraint of trade and q monopoly. =
 The question you put is one diff cult Of solution responded the coun- scl He explained to the court that he was really getting out of his line of business" iR discussing monopofies.
 -I think you are in your line" said Justice White
 Well. the sherman law is very. in- teresting." observed Mir Milburn. Ma poleon complained that laws did not lend themselves to imagination. but he had never read the sherman antitrust act"
 Finally Ailburn took up the charges of mOnopoliStic conduct 1s alleged to have been shown by transportation dis criminatiOn. He declared that the railroads throughout the country would discriminate in favor of a business that afforded only one-half of one per cent of the total traffic was preposterous. He said that the government claims of tremendous determinations in favor of Standard Oil refining points and against independent refining points were unwarranted.
 When the court adjourned for the day. Milburn was declaring that no complaints by the independents had eyer been made of the Standards con- tr0l of its trunk pipe lines. He told the court that he would conclude his remarks in about ten minutes tomor- row.
 After Kelloges argument D. T. Wat son and John C. Johnson will speak on behalf of the Standard oil com pany Attorney General Wickersham on behalf of the government probably will address the court on Wednesday.