Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1910-03-15
Congress Deserted While
Attorney Argues for
the Company
SAYS TRUST LOSING
Denies Corporation Is Re-
straining Trade in
Any Particular
Associated Pressl

VIZ ASHINGTON, March 4.-Flnal
wv fight for the dissolution Of
Standard Oil began today before
the supreme court of the United States
when John G. Milburn of New York
spoke for three hours in it's defense.
He will conclude tomorrow. Frank b.
Kellogg for the government will reply
tomorrow.
The hearing of the suit against the
Standard Oil attracted lawyers and
spectators from all sections of the
country. Members of both houses of
congress forsook their chambers to
listen to the review of the decree of
the circuit court of the United States
for the eastern district of Missouri dis.
solving the Standard Oil company of
New Jersey as a conspiracy in restraint
of trade and as a monopoly in violation
of the Sherman law.
Reviews Growth of Trust
The greater part of Mr.. Milburns
address to the court consisted Of a re-
view of the growth of the Standard OH
company. He attempted to lay the
foundation for the claim that the cor
porations entering into the reorganiza-
tion of the Standard Oil company of
New Jersey in 1899 were non-compeu-
tive because for many years they had
been under so-called common owner
ship.
He told Of the tremendous size of the
business and explained how 1t had
| grown. He said the large factors In
this growth were the building OF. pipe
lines, which anybody had right to
build" the building of refineries, and
| the extension of marketing faclntles
throughout this country and the world.
I'VE compete abroad with great cor
porations," he said, that are protected
and shielded by their governments a.. anu
compelled to combine so that tney
NAV be powerful. We have been able
to meet them because of our strength.
Toward the close of the day he dls-
cussed the Sherman antitrust act. He
| said inasmuch as the circuit court mao
held that the mere method OF organ
ization was a conspiracy TO monopollze'
and had not considered the alleged mo-
nonolistic conduct, he felt an embar-
rassment about discussing whether the
companies violated the law.
"You discuss them in your brlef, 90
YOU not?" aueried one of the justices.
Discusses Sherman Act
ooh yes" was the response.
After a discussion of the general
meaning OF monopoly, the attorney re-
verted to the alleged monopolistlc con-
duct of the Standard Oil.
Mr.. Milburn said he did not oelleVe
that the corporation was In restraint
of trade, in view of the common
ownership"
Says II Is Losing Business
II had never restrained the liberties
or capital of any one who mas entered
into it, nor any one who was It's COM
netitor he asserted. Instead OF being
q mononolv. II was urged by Mr.. Mil
hrrn that the amount Of business
standard Oil was doing was decreas-
ing. ,r,,,,,.., 40
he would call an organization OF men
to buy all the coal lands In Pennsylc
vania a conspiracy in restraint Oh
trade and a monopoly. ,,a,.
"The oue-tion you put is one difficult
of solution" responded the counsel.
He explained to the court that ne was
reallv getting ''out of his line of busi-
ness in discussing monopolles.
at think you are in your lne' sall
Justice White. l.,
+eres+ing" observed Mr.. Milburn.
"Napoleon complained that the laws
aid not lend themselves to the mag
,nation. but he had never read tine
sherman antitrust act
Denies Determinations
FINALLY. Mr.. Milburn took up the
charges of monopolistic conduct as al
legged to have been shown by trans
nortation discrimination. He declared
The idea. that railroads throughout the
country would discriminate in favor OF
| a business that afforded only one-hall
Of per cent of the total traffic was
nrenosterous. He said the govern
ment claims of tremendous discrim-
! nations in favor of the Standard OH
refining points and against the 1nde-
nendent refining points were unWar-
ranted. ,ooz y,
"No independent refner since 1887,
he added, 'when the interstate com
merce act was passed, has complained
| 70 the Interstate commerce commission
of determinations"
"Comnetition does not breed the
virtues" he said. "It is the lower ma
ture that comes uppermost, under such
conditions. you know. But are we 10
he held responsible for all OF the acts
| of our employes?"'
"Out of 37. 900 towns in which the
Standard Oil is located he said, the
record showed complaints of unfair
competition from thirty-seven.
Accuses Former EmpIoye
| AS an example Oh luOSS wiz nav
comn1ained of competition he men
toned one ex-employe who had ex-
planned he quit the Standard Oil be-
cause of its bad influence on business.
This man. he declared, took with him
files of the Standard Oil when he quit
it's service, and these files were used
by the government in the preparation
| of the case.
AS to the charge that Standard Oil
men corrupted railroad officials to OBJ
tain information as to its competitors
business, he asserted that the en-
ployes found acting thus would be dis
charged. Experience had taught the
Standard OIL he said, that it had to
be more virtuous than most corpora
| tions.
When the court adjourned for the
day Mr.. Milburn was declaring that
no complaints by independents had
ever been made of the Standard con-
troll of its trunk pipe lines. He told
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