Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-17
Final Argument Presented in Suit t
Dissolve Standard OIL Congress-
men Stand About the Courtroom
johnson Gets at Magazines.

sons believe that the decision will not
be announced earlier than the first or
the middle Of May.
ID. T. Watson-of Pittsburg, and John
G. Johnson, from Philadelphia, have
been printing for the Standard Oils
battle on the final day, while Attorney
General Wickersham has been pre-
pairing to make the final argument for
the government. The little courtroom
again was crowded.
Mr.. Watson had begun his argument
| late yesterday. He argued that the
only act of alleged conspiracy or
monopoly before the court was the
combining of corporations in 1899
Attorney General Understands first
great contest before the court, since
he became attorney general was in the
| tobacco case. Today's was his second
| Scarcely had Mr.. Watson taken up
| the thread of his argument of yester-
day to the effect that the only question
| before the court was the combining of
1899 when Justice McKenna interrupt
! ed:
DO you say there is before this
court only the question of combining"
Nothing before or nothing follow
ing" replied the counsel. The lower
court put the case purely and simply
on that fact
| Why did they decree the distribu-
ton of this stock?" insisted Justice
McKenna.
"Ah! That's what | want to know"
said Mr.. Watson. They said they did
so because you ordered them to do so
i'm the NORTH horn Securities
| Mr.. Watson then argued that the
Northern Securities case did no such
thing. He commanded the attention
OF the largest audience that has crowd
ed into the courtroom in years.
DO you mean that the facts recited
in the decree by the circuit court are
the only ones before u.s." insisted JUS
tice McKenna. ooh, no." said Mr..
Watson
Attorney General Wickersham was
noddng his head and smiling. Mr..
Watson explaned that as the govern
ment had not appealed from the find
ing of fact in the opinion and in the
decree. he held it was too late now to
bring up other things the court did not
pass on.
Justice Harlan wanted to know if he
was arguing that the court was not to
go into the record. you are rule unto
yourselves replied Mr.. Watson
Justice Harlan wanted to know if Mr..
watson had authority for such a doc
trine as he advanced. "Oh, yes. l have
three or -four in my brief Give me
one ! want to see it now" added the
justice. certainly. | cant turn to it
Just now, but l am not trying to dodge"
explained Mr. Watson
Mr.. Wickersham's smile developed into
full grown laugh, I'm have one of my
assistants find it, said Mr. Watson. Just
as his time expired II minutes later he
read some citations
At 1850 Attorney General Wickersham
took up the closing argument for the gov
eminent. II can we'll understand the de-
sire of the defendants to cast the veil of
oblivion over the past" he began. But
what does the court hold he asked after
reading several statements in Mr.. Wat
sons brief, in support of this argument
1T holds that the acts previous to 1890
did not violate the Sherman antitrust
law because this law was not passed until
1890. But it did say that these acts had
been considered as evidence of a contin-
uing conspiracy"
He then began to consider the early
history of the Standard Oil as throwing
a light on the combination of 1899 'erhey
brought one Of the proudeSt railroads in
the world to its knees" said the attorney
in speaking for the Standard Oil when
organized in the 10's as the Standard Oil
of Ohio. They compelled terms never
before heard of in the world 1t not only
required rebates on its own shipments but
it levied tribute on the shipments of its
competitors. What wonder they grew.
What wonder they became rich. They
grew richer and richer until it became a
national scandal: until the courts and the
Legislatures were appealed to. Then and
only then did they consent that the rail
roads might carry other peoples business
on the same terms as their own
Passing over the trust periods quickly.
Mr.. Wickersham came to the reorganiza-
ton of 1899. He said:
rs it true that after 1899 they were eX-
actly in the same position as before?''
Can your honors say there is no differ
ence between 20 separate corporations in
the hands of-say 70 men. and one cor
poration owning the other 10 in the hands
of the same men? Is the power of control
from the one corporation not easier?"
benjamin Franklin observed the