Daily press. [volume] (Newport News, Va.) 1896-current, 1910-03-11
CLAIM SHERMAN ACT
HAS NO APPLICATION
Prominent New York Attorneys En-
ter Fight Against the Dissolution
Of the Huge N W Jersey Concern
Brief Filed Attempts TO Prove Ten
Points in Company's Favor.


WASHINGTON, ID. C., March 10
Although a brief on the part by the
appellants was already on file in the
Supreme COcrt Of the United States,
second group OF legal talent OF the
Standard Oil today presented to The
court an independent defense OF that
Organization. Todays representatives
are three prominent Eastern attor-
news. John Johnson. John q. Millburn
and Frank L. Crawford, Of New YORK.
On Monday the cont Will hear oral
arguments on the decree of the CIR
cit Court OF the United states Tor
the eastern district Of Missouri. dis
solving the standard OIL Company
CT New Jersey.
Particular stress is laid by counsel
on the claim in the brief that the
record shows no unreasonable d
vance in the average prices OF the
Standard Oil.
Justified Raise of Price.
1t appears in fact that there was
no increase in their net prices" say
counsel. What the governments
position amounts to is that the &C
tual prices lea refined oil should nave
stood still, while all other prices were
rising, including the prices of All
commodities used in the manufacture
of oil. and, chiefly. the prices Of Ia
Dor But suppose il were otherwise;
there is no principle of law which
requires manufacturer to give away
a profit which he can mike by eccn-
Omics in manufacture
The government method Of esti-
mating the profits of She Standard
oil had been making is denounced
in the brief as "unsOund in law and
as contrary to business principles
and the facts Of human experience"
just Profit
Considering only the rate Of profit
which for several years, 19O1-l9O6,
averaged less than p per cent. on
the fetal net capital invested year b..
year in the business, that rate OF
profit is a reasonable one for a great
manufacturing business Involving the
elements Of risk which characterize
the Gil industry. especially where. rs
here. a great proportion OF the profits
is derived from Business of countries
outside Of that o. production and that
competition with the manufacturers
and merchants o. the world"
This is tn explanation given OF
what is designated as the ~remarks-
bic success Of the Standard Oil bus-
ines
The success of the Standard UIl
business. broadly considered. is due
TO energy and holiness and to pol
icy Of investment Of an immense
scale, displayed and carried out IN
every brunch of the petroleum indus
try.
The charge tina; the STANDARD on
Companies. through their control OF
pipe lines. have mcnOpclizcd the Iur-
chase and transportation OF crude
oil. is declared in The brief TO BE-
entirely unsupported by the rec
Ords~
Attempt to Prove Points.
Today's brief is devoted 20 prove
ten points. On these the case is sub
mitted to the court. and they are as
fellows.
THE plants aud properties of the
Standard Companies have always
been in a common ownership since
their acqrisition Of creation.
2-The Shcrasn at has no appli-
cation e. the acquisition by the StanI-
rrd Cil Company o. New jersey. OF
the stocks Of manufacture and min
Ing or producing corporations.
The contracts. combinations and
CO. spiracics o. section 3 81 The at
az contracts. combinations and con
spiracies. which restrict the freedom
~ the parties To- The coudrct ~ Their
/ b. inc-s
No Such Combination.
f-Thc accuisifior % the stock
OF the safsidi7ry companies bv tho
STANDARD OIL Company Of Ncw Icr.
Soy. En- 1890. was not such a cDmbt
nation cr conspiracy en- restraint ol
md
Monopciiz.ne within The second
section rf The at Is tho cxrirsior
of ofhrrs from trade by iiic~a
I ncans
c-Thc stand rd OF Comrarr 81
Ncs trr.st VS. nnf mouopoiizine o
attempting fo n.oroPollzc. o. c0mbin