The Birmingham age-herald., 1910-03-17
Supreme Court Will Now Take The Matter Up for
 Consideration
wICKERsHAM SCORES OIL COMPANY ROUNDLY
John. G. Johnson Delivers Speech for oil Company and Works Himself ID to An Exciting Point in
 Msixing Defense

| Washington, March 16-The dissolution of a"standard oil" is now a question for the supreme court of the United States to grapple with alone. The final argument Tn the famous suit to dissolve the standara | Oil company of New Jersey as con- 1 spiracy and monopoly in violation of the Sherman ant-trust law was made today, i and the court took the matter under con- alteration.
 The third day of the contest of counsel before the court was memorable one, not only because of the arguments made. but also because of the interest mani- tested in the proceedings, both on the part of the bench and by the people who were attracted to the court. Rules of the court prohibiting spectators standing in it's presence were swept aside and members of Congress stood around the walls of the room. Not in years have so many persons been packed in the little chamber.
 It fell to Attorney General Wickersham on the side of the government and John G. Johnson for the defense to make the closing remarks. In addition, D. T. Wat son. another of the standard oil counsel. addressed the court earlier in the day MT. wickersham taunted his opponents for 'desiring to cast the veil of oblivion over it's past" He spoke of that past as containing a national scandal which the courts and the legislatures were called upon to put down. Somewhat extendedly he emphasized the position that the reor- sanizatlon ssf 1899 gave the Standard oil a more soldifed organization than 1t pos- sessed before. an organization which pre- vented the subsidiary companies from be- coming competitors.
 He turned to the question of what con- stituted a monopoly. In closing he utged the court not to be influenced by the cry | that this proceeding was blow directed at business, because such cry has been made often before and proven ground less.
 Reply of Johnson
 The closing address by MT. Johnson was partly a reply to MT. Wlckersham. Al though the wolf may not have come at first. he told the court. when 1t did come | il was too late to cry.
 He paid his compliments to Frank B. | Kel1o.g, author of the petition of the government filed in the circuit court of the United States for the Eastern district of Missouri and which the decree of dissolution before the court for review wEs passed. Mir. Johnson told the court 1t reminded him of the contents of the witches caldron in Macbeth, in that it appeared to have been made up of a col fdC10u lI0Hl tne HCT6p pDOkS or diX0p- pointed oil producers and ''ma ga zinists-- female dr otherwise The best part about it, he told the court, was that 1t ended with a prayer.
 MT. Johnson interpreted what he desig- mated as 'the new doctrine of poten- | tial competition as an attempt to re- quire each individual to compete with himself. Turning to another phase of the controversy he asked, How on earth could we monopolize the manufacture of refined oil when we control only Il per cent of the crude oil output ?''
 .sBut they complain that with our enor- nous amount of wealth we drive our competitors out of business" he ex- claimed Are you going to conduct business on the race track principle, and put a handicap to the man who possesses | wealth? Are you going to taboo wealth?'
 With sarcasm depicted on his face. he walked back and forth before the bench he expressed his surprise that such iniquities as had been complained of existed in this country.
 yeh,sen Beeenes Excited
 we do have pipe lines." he shouted. We do have engines and boilers. but is that any reason why our competitors should get heat and steam from us? There is no federal law which requires that. thank God. as yet! I am speaking of the present Your honors may be called upon not in my lifetime-to pass upon a law that says how much a man shall own. But that question is not now before you'
 MT. Johnson next turned to the subject of unfair competition. Els there a kind of soft competition. a Pickwickian cornpe- tition, kind of kid glove variety?'' hs asked, where they just compete so nice ly that it won't hurt? General sherman used a word in describing what war waa. won't use the word in your honors' presence, but that is what competition is Yet, they complain because we under sold some one.''
 There are plenty of laws that could reach unfair competition, if it be illegal. said the speaker. The law which per- mits a $2e00o,000 fine to be laid, he con tended. was not "Pickwickian law"
 In concluding he pleaded with the court not to strike down a legitimate business or deprive the men represented of thei, organization.
 s'The remedy the government asks you to apply" said he. 'is not unlike the surgical operation of amputating the foot to remove thorn from the toe wstsoa's Arsuennt
 Scarcely had Mir Watson taken up the thread of his argument this morning that the only question was the coubip- ing of 1898 when Justice McKenua inter- rupted:.
 only the question of combiningr'
 Nothing before or nothing fOucWin8s replied the counsel. The lower court put the case purely and simply on that fact"
 Why did they decree the distribution of this stock? ?'' insisted Justice McKenna.
 "Ah, that's what want to know said MT watson. They said they did 90 b. cause you ordered them to do so in the i Northern Securities case" MT. Watson then went on to argue that the Northern Securities cage did no such thing. He commanded the attention of the largest audience that has crowded into the court room in years. Rules wore broken and lawyers. three and four rows, l stood in the available room In a few minutes Mir. Watson was brought back to the questions before the court.
 DO you mean the facts recited in the decree by the circuit courts as the only ones before us?'' insisted Justice Mo- Kenna-
 s.oh, no.'' said MT. Watson,
 Attorney General Wickershami was nod- ding his head and smiling. Mir. Watson explained as the government had not ap- pealed from the finding of fact h the opinion and decree, he held It was too late now to bring up< other things tho court dia not pass on.
 Justice HarIan's Question Justice Harlan wanted to know if he