The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-03-24
OIL TRUST BATTLES
IN THE LAST DITCH

final fight for the dissolution OF
eStandard OH began today before
the Supreme Court of the United Sta
ties when John G. Milburn Of New
York spoke for three hours in its
defense. The rest of Tomorrow will
be devoted to the reply of Frank y.
Kellogg for the government.
Only eight Justices will particA-
pate in the consideration of the case.
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.
The hearing of the suit against the
Standard Oil attracted the lawyers
and spectators from all sections of the
country Members of both houses OF
Congress forsook their respective
chambers to listen to the review OF
the decree of the Circuit Court of the
United States for the Eastern District
of Missouri, dissolving the Standard
Oil Company of New Jersey as a con-
spiracy in restraint of trade and as
monopoly in violation of the Sherman
law.
The greater part of Mr. Milburn's
address, to the Court consisted of a
review of the growth of the Standard
Oil Company. He attempted to lay the
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-com-
petitive because for many years they
had been under the so-called common
ownership.
He told of the tremendous size Of
the business, and explained how it
had grown. He said large factors in
this growth were the building of pipe
lines where anybody had had right
10 build" the building of refneries and
the extensions of marketing facilities
throughout this country and the world.
1--WE compete abroad with great cor
porations," he said, that are protected
and shielded by their governments
and compelled to combine so that they
may be powerful. We have been able
to meet them because of our strength
Toward the close of the day he dis
cusged the Sherman antitrust act. He
said, inasmuch as the Circuit Court had
held that the mere method of organiza-
ton was a conspiracy to monopolize,
and had not considered the alleged
monopolistic conduct, he felt an en-
barrassment about discussing whether
the companies violated the law.
You discuss them in your brief, dc
you not?" queried one of the justices
ooh yes" was the response.
Justice White again interrupted Mil,
burn, asking if the Standard Oil Com
pany of New Jersey was the only stool
holder of the subsidiary companies
Milburn said it was.
GLOW does that affect the existence
of the subsidiary companies inquired
the Justice.
The question has not arisen," was
the reply.
''But it arises right here justice
White said. Louisiana, for instance
if the stockholders are reduced to lesi
than twelve it goes out of existence"
After turning to associate counsel
Milburn said enough shares were plac
ed in the names of directors to qualif,
= and he presumed this satisfied the law
of the states where the subsidiar,
!" companies were chartered.
After a discussion of the genera
meaning of monopoly, the attorney re
verted to the alleged monopolistic con
duct of the Standard Oil.
Milburn said that he did not be
lieve that the corporation was in re
straint of trade, in view of the con
mon ownership" 1t had never re
strained the liberties or capital c
any one who has entered into it, nc
any one who was its competitor, h
asserted. Instead of being a monoI
oily, it was urged by Milburn ths
r the amount of business Standard o
was doing was decreasing.
would call an organization Of men
buy all the coal lands in Pennsylvani
a conspiracy in restraint Of trade an
monopoly,
. 1.-THE question you put is one diff
. cult of solution responded the cour
sci. He explained to the Court thi
he was really getting "out of his lin
" of. business" in discussing monopolie