New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-16
ASSAILS STANDARD
u. u. KELLOGG SPEAKS.
Charges oil Company 5cith
Commercial PWGCN.

Washington. MaFch i5.-EOIdins up tn
standard OIL Company % New jersey a.
danger % the country and is OTsauiza
ton as a commercial precedent that must
10 eradicated from the business world
FRANK g. KeiI0gs to-day arraigned On,
corporation before The Supreme Court 81
the United States. II was the govern
hlents turn 10 he heard In the argument
over the dissolution OF the company. as
decreed by the Circuit Court for the East
ern District of Missouri
Except about twenty minutes that John
u MHnuFn consumed at the beginning IN
the conclusion % his opening address. and
shoct the same time occupied BY n. r.
watson az the close OF the day. both IN
oetence OF the oil company. Gil the time
"as taken up by Mr. Kellogg
4lis oolect was to give a history Of the
standard OIL and its activities. which nc
denounced as mOuopoiistic. but he was
frequently led on into the law OF the case
Ihe Gay brought out sharp conflict Of
purposes b. the government and the
company. Mr.. kellosg. on behalf OF the
government. dwelt upon the activities OF
the corporation, with a view 20 attempting
- prove an intent TO Tonopolize in addi-
ton 70 the reorganization Of lsga.
They have waved tho black aag over
'he land. as others have done over the
ocean, he declared. DO I DENY they
have demonstrated their ability? No.
They have competed with an ability IN
equailed in this country"
Standard ceunssFs contsntion.
On the other hand, the Standard or COM
pany counsel coutsndad that such matters
lief 1ea "A vrr.
only question, they claimed, was whether
the alleged Illegal combining OF Iss9 was a
violation Of the law. as held BY the lover
court This they based on the fact that
the government did not appeal frcm the
decision az the lower court.
Mr.. Kellogg charged that the Standard
OF Company. sincs It's pipe lines had been
made common carriers. had established de-
livery stations &C ''outlsndish places. where
nobody ever had q refinery" Its rates
were Prohibttive. he said, and that was the
reason applications 10 use the pipe lines
had not been made by Independents.
Hir. Kellogg. in discussing the Purely legal
phases OF the controversy. urged that under
the common law the combining cf the
Standard oil Company was before 1850. He
argued that the Northern Securities case
applied Squarely to the present case.
In touching on the claim OF common
ownership he said that a. times when n
was convenient the opposition dwelt on cor
pOrate entity. bu. IN the present instance
they We're anxious 20 90 beyond the corpO-
rstiOns 20 the individuals. lie urged that
the action OF the corporations wss before
the court.
Justice White and Justice Lurton asked
him how he interpreted the two sections OF
The Sherman antitrust law IN question.
lie answered that much depended on the
degree OF control possessed in each case
by the corporations.
Mr.. kellogg then gave way 20 y. T.
Watson for the defence. He argued that
the only thing the Circuit Court held 20
Le in violation OF the sherman antitrust
law was the combination OF 1929. As the
government had not appealed nom the de-
cree Of the lover court, he maintained, no
other point was before the Supreme Court.
and. as he described IL. "ths things Mr..
KeIlogg has spent three fouFths 81 his time
talking about have nothing 20 do with the
issue"