Daily press. [volume] (Newport News, Va.) 1896-current, 1910-03-10
SAYS REPEAL SHERMAN
ACT OR ENFORCE II
Foundation is Laid for Argument Be-
fore Supreme Court Next Monday IN
Support of Claims That the Huge
Combination is Illegal and Sup
presses Competition.
CBy Associated Press.)

(By Associated PreSs)
WASHINGTON. u. c.. March 9
Either the Sherman act should be
repealed or il should be enforced III
manner to make the people respect
it,"
With this declaration Of its guiding
principle, the department of justice
today filed with the Supreme Court
OF the United states "A thCCsani page
brief in support Of its petition that
standard Oil" be dissolved as in vio-
lation of the Sherman antitrust law.
Thes brief will be the foundation OF
the governments oral argument at the
hearing of the case by the Supreme
Court next Monday 1t bears the
names of Attorney General wicker
sham and of Frank b. Kellogg.
Charles 3. Morrison. A Severance as
special assistants.
Analysis Of Testimony.
One of the two thick volumes of the
brief is devoted to an analysis of tes-
timony taken in the Circuit Court OF
the United States for the Eastern
district of Missouri, which decreed
that STANDARD OIL be dissolved. 1t
represents years Of governmental IN
vestigation of the oil business.
The government declares that this
shows the rebates and discriminatory
rates received by the Standard Oil
combination not only during its for
native period. but during the last
ten years. Whereby the Standard
was enblaed to bring a large part OF
the concerns into the combination and
to crush out and eliminate from the
field of competition the principal part
of the balance"
Crushed others Out.
1t is claimed by the government
that it shows system of lowering
the prices. where competitors are do
ing business below the cost Of the
project. while keeping up or raising
the prices in other parts of the cOun-
try unit the competitor is either elm
mated or his business brought within
a compass so that the standard Oil
Company can control il: of obtaining
secret information as TO competitive
business, largely through bribing rail
way employees. and using that secret
infcI nation to procure countermand-
ing of orders of Independents and
to facilitate their system of price-cut-
ting and oppression: Of the use OF
sc-called bogus independent compa-
mics whose operations are predatory
aud oppressive, principally used to
drive out competitors; and various
other means"
What the Sherman Act Means.
We do not wish to be understood
as discouraging enterprises" says the
government. or as taking 4 position
against legitimate competition, but II
the Sherman act means anything in
this country it means a monopoly &C
q-ired by such methods OF strangilng
competition as these. Unless it Is
enforced the smaller corporation OF in
dividual who wishes to engage in BUS
iGess vii, have absolutely no Oppor-
tunitv At all
In many districts the Standard OIL
Company has az absolute monopoly.
We mean by absolute monopoly that
in those districts IL does all OF the
business and has eliminated every
competitor. Practically this is the
c7se thiough0r; the Rocky Mountain
country and most of the Pacific Coast
states. The percentage II insepen-
dent business throIghcut the entire
Southern states Is very small
u is urecd that If the intent Is
cica. to mo-opilze any part 81 che
companies OF the United States the
scheme is void in whatever form the
action j. taken.
Doesn't Apply to Le9iu'ste Business.
The oft-repeafcd srxumcnt hat
this construction a. the law prevents
The formation ~ partnership and the
legitimate consolidation 81 business
cnfcrpf isc.~ says the government. s
faliaciOus. Tor the reason that ~uch
construction has mo- application xhcrc
an enterprise is formed with N. non
est ard legitimate intent 20 pursue
p lawful business and not x beyond
the bounds Of legitimate combination
or directly or Substantially euppres.
rr mpciifiou Euf whenever that a..
qgisiii1n 81 mere cloak fo cover m,
intention of mouopiizIng commerce oi
for ihc p1-pysc Of usirs u a. Wca