Omaha daily bee., 1910-03-10
Il Will Be Foundation for Oral Argu-
ment to Be Presented Monday.
ANALYSIS OF THE EVIDENCE
Il Shows that Relating and Discrimi'
mating Continue.
COMPETITORS CRUSHED OUT
u is Contended that Methods
Have Been Pursued that Give
Concern a Practical
Monopoly.

WASHINGTON, March 9.-"Either the
Sherman act should be repealed or 1t should
be enforced In q manner to make the peo-
pie respect it,"
With this declaration OF It's guiding prin-
E-iple the Department Of Justice today filed
With the supreme court OF the United
States a 1000 page brief in support Of It's
petition that STANDARD Oil" be dissolved
as in violation of the Sherman antitrust
law The brief will be the foundation OF
the governments orah argument at the
hearing OF the case by the supreme court
next Monday. lie bears the names Of At
torney General Wickersham and of Frank
3. Kellogg. Charles b. Morrison and Cor
denio A. Severance as special assistants.
One Of the two thick volumes of the brief
Is devoted to an analysis Of testimony
taken in the circuit court of the United
States for the eastern district Of Missouri,
which decreed that STANDARD Oil is dis
solved" 1t represented years of govern
mental investigation Of the oil business.
The government declares this shows the
rebates and discriminatory rates received
by the Standard OIL combination. not only
during its formative period, but during the
last ten years. whereby the Standard was
enabled to bring a large Part Of the con-
CtIusi lllu Nllb 0OlhbAlbAlbH anu W Cl usll
out and eliminate from the field OF COM
petition the principal part of the balance"
The brief follows very closely the argu-
ments made by the government in the cir
cult court OF the United States for the east
ern district of Missouri, whose decree is
before the supreme court for review.
Meaning of sherman Act.
IF the antitrust act is TO be made eff
k-gn
is to be stopped, If corporations or hold
ing companies are not to be permitted
through their aggregate wealth and power
to control all the Industries of the coun-
try. the court must adopt the broad and
reasonable construction of this act which
WIZ not permit monopoly In whatever
form II may be Organized, for II It is possi-
bic TO control the commerce of the coun-
try and suppress competition by acquls-
tion OF stock interests, interpretations en-
gagged in a given business or by combin-
ing all OF the capital in one concern
through purchase or otherwise. It is per-
fectly idle to maintain this act merely as
inhibiting the less effectual method OF
monopollzation by means of contracts be-
tween independent concerns to limit prices
divide territory or TO restrict output OF
combinations with the same object.
1T Is OF the highest Importance in the
preservation of society and of the devel-
opment and elevation of the race that the
right to earn a livelihood, to engage in
any commerce, employment or labor be
kept free and untrammeled.
Effect on individual.
1T is not sufficient that the citizens be
given merely an opportunity to earn a
livelihood; the avenues Of commerce and
trad should be kept open. The man who
has constantly before him the prospect OF
always being an employe in a subordinate
position, who can never rise above H.
who has no prospects of being a proprie-
tor, who cannot enter the fields of com.
petition in industry is not in a position
to develop those faculties Of independence
and enterprise which make the highest
tSpe OF man.
H"The question is frequently asked" Is
II Illegal for an individual to purchase al
of the manufacturing plants in one branch
OF business in the United States? 1t is
OF course, unnecessary to argue that ques
ton In this case and the condition viii
probably never arise.
GAS has often been pointed out, tn,
span OF human life 10 too short and un
certain and Individual wealth is not grea
endRgh for any length OF time to con
troll by purchase all or any one of tn,
great industries OF the country.
1T is different however, with corpor
atlons They are the creation of the legis
laure the gift of sovereign authority
whereby there may be amalgamated tn,
wealth ard labor OF thousands of person,
In perpetual combination, control of neces
sity by few men, thereby consolidating
wealth and insuring perpetuity and remov
ing the uncertainties OF human life ant
those arising from disagreement OF in
dividuAls held together merely by com
mon understanding