The Birmingham age-herald., 1910-03-15
FINAL FIGHT ON
 STANDARD O|L Attorney Sp'aks At Length In.
 Defense of Company GREAT CROWD ATTRACTED 
Members of Congress and Prominent People of Washington Gather in the Supreme Court Rooms to
 Hear the Arguments

Washington, March 4.-The final fight for the dissolution of the Standard Oil company began this afternoon before the supreme court of the United States when John G. AIilburn of New York spoke for three hours in it's defense. He will con elude tomorrow The remainder of to- morrow's hearing will be devoted to the second step in the contest. the reply of Frank B. Kellogg on the part of the government.
 The hearing of the suit against the Standard OH attracted to the courtroom lawyers and spectators from all sections of the country. Members of both houses of Congress forsook their respective chambers to hear what was to be said in the review of the decree of the circuit court of the United Sates for the eastern district of Missouri dissolving the Stan dard oil company of New Jersey as a conspiracy in restraint of trade and vio- lation of the Sherman law.
 MT. Milburns address to the court con sisted of review of the growth of the Standard Oil with the object of laying the foundation for the claim that the corporations entering into the reorganiza- ton of the Standard oil company of New Jersey in 1899 were non-conpetitive be- cause of the many years they had been under Standard oil common ownership. He told of the tremendous size of the business of the Standard oil company and explained how it had grown accord ing to his conception. He said large fac tors in the growth were the building of pipe lines on the lines hitherto adopted, describing it. and the building of re- finerles and the extending of the market ing facilities throughout this country and the entire world.
 Competition Abroad
 We compete abroad with the great lcorporations,,' he ssaid. 'that are pro tected and slfieleJz ,bss fAS.r soveTia- Inents and compelled to combine so that they may be powerful. We have been able to meet them because of oui strength
 Toward the close of the day he en- tered upon a discussion of the Sherman antitrust act. He said inasnuch as it had been construed in several lights he felt an embarrassment about discussing whether any violation of the law had oc- cured.
 You discuss them in your brief, do you not?' queried one of the justices. "Oh, yes" he responded.
 After discussion of the general mean ing of a monopoly he reverted to the al- legged monopolistic conduct of the Stan dard Oil MT. Milburn said he did not believe the corporation was in restrain, of trade in view of the common owner ship.
 It had never restrained the liberties oi capital of anyone who has entered into it, nor was any one of it's particular com petitors he said he would insist, likely to sustain injury from it's working agree nents as in restraint of trade as a monopoly.
 Difficult Question "The question you put is one difficul of solution" responded counsel. He ex pained to the court that he was reall, getting out of his line of. business. Justice White said he thought they were in line
 Mir. Milburn said he acquiesced ant added "Napoleons complained that tho laws appealed to anyones imagination He said he mad never read the Sher- nan antitrust act completely
 Finally MT Milburn took up the charges of monopolistic conduct as alleged to have been shown by the transportation discrminations. He dec,ared the Idea that railroads throughout the country would discriminate in favor of large business that afforded only half of l per cent of the total haul was preposterous.
 No independent refiner since 1SS7," ho added a, when the interstate commerce act was passed had many complaints filed with .he commission of discrimina- tions."
 He spoke of the alleged unfair compe- titicn.
 ''Competition does not breed the vir- tues" said he, "and 1t is the lower nature that comes uppermQN under such condi- tons that predominate, you know. But are we to be held responsible for all the acts of our employes?
 Out of 31no0 towns in which the stand ard Oil is located. he said. the record showed complaints of unfair competition from 37. An example of those who had complained of competition, he said, was one exempter who had explained he quit the Standard Gil because of it's bad moral Influence on business. This man. it was said. took with him files of the StandarJ Gil when he quit it's service and these files were used by the government ir the preparation of the case As to the charge that Standard oil men corrupted railroad officials In order to obtain in fo, ,nation as to its competitors he said experience had taught the Standard Oil that it had to be more virtuous than most corporations
 When the court adjourned for the day MT. Milbuis was declaring that no com plaints by independents had ever been mace of the Standards control of its trunk pipe lines. He told the court he would conclude his remarks in about x minutes tomorrow.
 After MT. Kellog's arguments T. Wat son and J. T. Johnson will speak on be- half of the Standard oil and Attorney c.e,eral4 Wickersham on behalf of the government will address the court prob ably Wednesday.
 City Hall Is Destroyed