Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-14
BIG CASE IS BEGUN MEET ON THE NILE
Arguments for and Against Wife and Daughter Greet
Dssovng Standard Oil. Roosevelt at Khartum.
TRUST MAKES LAST STAND CHEERED BY BIG CROWD
Future Existence Depends Su Dressed Khaki and
preme Court Decision. Wears White Helmet.
COUNSEL ARRAY IMPOSING ESCORTED TO S1RDARS PALACE
Law
Appearing in tion, Where Wife Daughter
Arguments for and Against
DissoIving Standard Oil.
TRUST MAKES LAST STAND
Future Existence Depends on Su-
preme Court Decision.
COUNSEL ARRAY IMPOSING
Some of Country's Foremost Law
yers Are Appearing in
the Case.

Found by the lower court to be a
combination in restraint OF trade and a
monopoly of branch of interstate COM
merce. the Standard Oil Company today
appeared at the bar Of the Supreme Court
Of the United States to make final
argument against it's dissolution under
the Sherman antitrust law. The govern
ment was present to insist on the decree
Of enforcement of the dissolution.
This proceeding before the highest
tribunal Of the country is the outgrowth
of years of Investigations Of Standard OH
on the part OF the government. It's i'm
mediate origin was a petition filed in
1906 by the Department of Justice in the
United States circuit court for the east
ern district of Missouri, asking for the
dissolution Of the Standard OH Company
Of New Jersey, as violating the Sherman
antitrust act.
Testimony was taken in st. Louis and
in New York in the case, John d. Rookie
feler himself being a witness. Four
judges had been called in to pass on the
case. and they finally announced decree,
granting substantially all that the gov
ernment had asked. 1t is from this de-
cree that the counsel for the Standard
Oil appealed to the Supreme Court.
Justice Moody Absent.
Only eight justices will participate in
the consideration Of the case. When Chief
Justice Fuller this afternoon asked the
counsel to proceed the chair OF Justice
Moody, on the extreme right. was vacant.
He is suffering from rheumatism. and
has not been able to attend any sittings
Of the court this term.
There was no paucity Of lawyers or
spectators, however. Every available
seat in the little courtroom was oc-
cupied. Attorneys from a distance had
come to the city exclusively to listen
to the arguments. The defense had a
corps of the brightest legal minds to
be obtained in court. At its head were
John G. johnson, John G. Milburn and
D. T. Watson. On the government 8
side there were Attorney General Wick
ersham and Frank B. Kellogg, who has
fought the case from the first.
Long before the court took its place
on the bench, at II O'Clock, the sixty
or SO seats provided for spectators
were filled. and long line had formed
outside the courtroom, each member
early arrivals away. They remained
there through the routine business OF
the day, such as the announcing or
decisions. the admission of members
to the bar and the receiving of mo-
tions, waiting for the opening OF the
big case of the day.
Court Extends Time.
With the twenty-three big volumes of
the record before him. Attorney General
Wickersham asked the court to extend
the time for the Standard Oil case so as
to include the rest Of the time of the
court today, Tuesday and Wednesday.
He suggested this would give Thursday
and Friday for the corporation tax cases.
The court granted the request. Milburn
stepped to the bar to open the arguments
for the defense.
Without any preliminary remarks he
said the charges of conspiracy and mo-
nopoly We're SrOundleSs, and then began
a history of the Standard Oil organiza-
of seven individual defendants. but
stalled when he had named six. One of
the corps of attorneys suggested he had
omitted to name Oliver H. Payne.
His first attack was on the jurisdiction
Of the circuit court. Despite the fact as
he claimed. that the Standard Oil Com
pany of New Jersey, with all its great
properties. was located in New Jersey.
and that all the individual defendants
were residents Of New York. except
one, who is largely in Florida Mr.
Milburn said the action was begun away
out in Missouri where only one SUBJ
sidiary marketing company was resident.
and all the other defendants required
to 60 there for trial
Arguments of Defense.
He then outlined briefly the argument
on which the defense relies so largely
that the properties of the companies that
intr tnn
New Jersey in 1893 were owned by the
same persons who owned the Standard
Oil Company of New Jersey after its
organization, and in the same proper
tions, and hence was not competitive at
the time the Standard Oil Company of
New Jersey was organized.
He explained the circuit court held this
organization made the ownership more
durable and easily welded He said
was that in the closer ownership that po-
tentially competitive corporations would
not compete, while they might do SO
under the old management.
Il suppose you will tell us at the proper
time what the decree was suggested
Justice Day.
Mr.. Milburn did SO at once.
Justice White later interrupted Mr.. Mil
burn. He wanted to know if the Stand
ard Oil Company of New Jersey was the
panies. Mr.. Milburn said it was.
New Question Arises.
How. does that affect the existence of
the subsidiary companies?" inquired the
justice.
1.-The question has not arisen,' was the
reply.
But it arises right here Justice White
said I'm louisiana for instance If the
stockholders are reduced to less than
twelve it goes out CT existence"
After turning to associate counsel. Mr..
Milburn said enough shares were placed
in the names of directors to qualify them,
and he presumed this satisfied the laws
of the states where the subsidiary COM
panies were chartered.
DECISION IN HEIKE CASE.