The Birmingham age-herald., 1910-03-16
Attorney Says Oil Trust Is a Danger to th8
 WeI'ars of the County
.OIL TRUST WILL GOBBLE
 UP AL BUSINESS IN TIME
MT. Kellogg Declares That such Con- bination of Interests Leads 10 So- ciaIism and From Socialism
 VIII Lead to Anarchy.

Washington, Ma-ch 15.-Holding up the Standard oil company of New Jersey as a danger to the country and it's organi- zation as criminal precedent that must he eradicated from the business world, Frank D. Kellogg today arrasgned the corporation before the supreme court of he United States with all the power ,f his eloquence
 IL was the governments turn to be card in the argument over the dissoiu- ,ion of the Standard oil as deereed by the circuit court of the United States for the eastern district of Missouri. Except for 20 minutes thai John c. Milburn cons sumed at the beginning of the sitting. in the conclusion of his opening address. and about an equal length of time occupied bv D. T. Watson at the close of the day. roth in defense of the Standard oil. all the balance of the time was taken up by MT. Kellogg.
 His object was to give history of the Standard Oil and it's activities, which he deucminated as monopolistic, but fre- quently he was led off into the law of
 he case. He left many points open for the decision of Attorr ey General Wick eisbam, who is to close for the govern ment tomorrow. This was true in the point-of common ownership of Standari Oii property. urged by the defense to nave existed both before and after tie organization of the alleged illegal combi. ration in 1899. "They have waved the black flag ever the land as others have 4 rall DO deny tkat they have demenstrated their ability? No. They have competed with an ability unequalled in tic coun- try.
 With it's manifestations. it's influence and it's money power, give 1t carte bla,sche let it combine as Mir. Watson suggests, and I predict it will control every industry in this country in ten yeafs--yes. in five years. What makes q great countiy?' he asked. Not great corporations It IS the individual, the independent proprietor, with the star of hope that has always been held out to nan, before him. Your honors. it is but step from combination 10 socialism, and but another from socialism to anarchy.
 Court Interested.
 Time and again the court manifested its keen into rest in the case by subject ing the counsel before it to a series oc queries. They were particularly anxious to know about the common ownership claimed by the Standard Oil counse, and get the various interpretations of the meaning which should be given to me- r.opoly, as used in the Sherman antitrust act.
 The day brought out sharp conflict of cross purposes by the government and
 he Standard Oil. MT. Kellogg. on be half of the government, dwelt upon the n a of attempting to prove an intent to mo ropclize in addition to the reorganization of 1899
 On the other hand. the Standard oil counsel contended that such matters were not before the court for review. The only question they claimed was whether the allegel illegal combination of 1899 was violation of the law as held by the lower court This they based on the fact that the government did not appeal from the decision of the lower court.
 The plan tonight Is for Mir. Watson to continue his address when the court meets at noon tomorrow. He is to be followed by Mir. wickersham for the government. while John G. Johnson is to close at the end of the day for the corporation.
 MT. MfIIburn's Argument.
 The court itself seemed anxious to re- sume consideration of the case at the morning session. Chief Justice Fuller nodded to Milburn to proceed. forgetting that the clerk had not administered the oath to several lawyers who had been admitted to the bar during the mornings routine business. He halted Mir. Milburn until that formality had ben performed.
 Mir. Mlburn complained that the gov ernment unjustly computed the DOT centage of profits on the original capital. He argued that capital assets should be the basis of this computation. This would show the net profit to be D DOT cent per annum during the years l90o-1co6. when there was such great develop ment of the by-products. He also spoke briefly of prices, claiming tables he pre- sented showed there no arbitrary action.
 This company has been under search as no other concern has ever been," said Mr. Milburn in closing. .'rhe power of the United States government as it exists has reached right into the vitals of this organization.
 Here is an organization that has had continuous life of 70 years. don't say the men in 1t have never done anything wrong Judge us. l ask you, by human standards. have no doubt it has done things that it has had no right to So But it has done this;
 Tt has fought for the marketing of an American product. for the delivery of an American product all over the habit able globe. It has built it up with cap ital and undaunted courage. We beg Of this court that if we are found to be doing wrong enjoin us from doing that. but in the name of justice. do not de- stroy the organization which has accom- plished such results unless there is noth- ing else to do.
 A stiffness as though great life wore hanging by thread pervaded the court chamber when MT. Milburn concluded.
 Kellogg Be;sins Argument.
 Mr. Kellogg then began his argument in behalf of the government
 If your honors please.' said Mir. Kel- logg, this Is the second time I have